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Date: 5/4/2009Board: City CommissionDocumentType: MinutesWeb Posted: 5/19/2009 9:43:49 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
MAY 4, 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, May 4, 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
Mayor

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

ABSENT:

INVOCATION REV. BOB SEARL UNIVERSITY BAPTIST CHURCH

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda:

A motion was made by Commissioner Harrod, seconded by Commissioner Holt, to approve Agenda. Motion carried 7-0.

AYE: Harrod, Holt, Stephens, Sims, Peterson, Collier, Winterringer
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 11.

b. Minutes from the April 20, 2009 meeting

c. Transfer of Appropriations between departments Capital Improvement Fund 301
To transfer budget for overbudget projects

d. Budget Amendment General Fund
To increase budget for funds received from Pottawatomie County for a detective to attend EDAS Forensic Bootcamp

e. Supplemental Budget Amendment General Fund 001
To increase budget with supplemental revenue to be received from FEMA/Oklahoma Dept of Emergency Management. Grant to promote EMPG program.

f. Budget Amendment Shawnee Airport Authority Fund 511
To appropriate funds received from Oklahoma Aeronautics Commission to prepare preliminary engineering and discovery report for runway

g. Budget Amendment General Fund
To increase budget with supplemental revenue to be received from Office of Juvenile Affairs

h. Budget Amendment General Fund
To increase budget with supplemental revenue to be received from Oklahoma Highway Safety Office

i. Budget Amendment Capital Improvement Fund (301) and Street Improvement Fund (302)
To appropriate Ending Fund Balance at June 30, 2008 for 08 purchase orders still in use at May 6, 2009

j. Acknowledge the following minutes:

• Shawnee Civic and Cultural Development Authority minutes from March 19 and March 23, 2009

• Traffic Commission minutes from March 24, 2009

• Airport Advisory Board minutes from March 25, 2009

k. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Eric Bright.

l. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Joshua Bryan.

m. Acknowledge DEQ Permit No. SL000073090304 for construction of 1,115 linear feet of eight inch PVC sanitary sewer line in Jackson’s First Addition.

n. Acknowledge DEQ Permit No. WL000063090303 for construction of 790 linear feet of six inch PVC water line in Jackson’s First Addition.

o. Acknowledge updated law changes requiring a change to City Commission Policy Number 8-b regarding Family Medical Leave Act and changing City Commission Policy Number to Policy Number 11.

p. Approve recommendation from Centennial Committee to transfer unused Centennial funds to Beautification Committee.

q. Traffic Commission Recommendations from March 24, 2009:

A. Consideration to remove school zone signage around Wilson Early Childhood Center, 1830 North Beard, Shawnee, OK.

RECOMMENDATION: Board recommends denial.

B. Consideration of request from Sue Korb, Wood Group Pressure Control, 14311 Highway 177, Shawnee, OK, to install stop signs in the east/west directions on American Way at the driveway to Wood Group Pressure Control.

RECOMMENDATION: Board recommends to defer request.

C. Consideration to request City Commission to budget funding to improve site distance at Kuhlbyrd Land and North Kickapoo, Shawnee, OK, by stair-stepping the existing retaining wall.

RECOMMENDATION: Board recommends approval.

Before voting on the Consent Agenda, Vice Mayor Stephens requested that Agenda Item No. 2(p) be pulled for separate consideration. Commissioner Harrod asked that Agenda Item No. 2(o) be pulled as well.
A motion was made by Commissioner Sims, seconded by Commissioner Collier, to approve the Consent Agenda Item No. 2(a-q), less (o & p) as presented. Motion carried 7-0.

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

Agenda Item No. 2(o), regarding updated law changes requiring a change to City Commission Policy Number 8-b regarding Family Medical Leave Act and changing City Commission Policy Number to Policy Number 11 was addressed by Human Resource Director Kellie Howard. Ms. Howard stated that the change was being mandated by state law. Ms. Howard was also asked why this is considered a City Manager Policy. She replied that her research into that question had not revealed a reason for this. Mayor Peterson indicated that the Commission may want to address this issue at a future meeting.

A motion was made by Commissioner Harrod, seconded by Commissioner Holt, to adopt updated law changes. Motion carried 7-0.

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

Concerning Agenda Item No. 2(p)

Vice Mayor Pam Stephens had questions regarding the money raised by the Centennial Committee. City Planner Justin Erickson explained that seven members of the Centennial Committee board, which is now inactive, met recently to make a recommendation regarding the remaining funds. Mr. Erickson sated that it was the Committee’s recommendation to transfer the remaining funds to the Beautification Committee for their determination regarding use of the funds. Possible uses could be landscaping around the Horses in the City Project, landscaping for the Veterans’ Memorial and updating at Centennial Park. Mr. Erickson stated that any recommendation from the Beautification Committee would be presented to the City Commission for their approval.
A motion was made by Vice Mayor Stephens, seconded by Commissioner Holt, to approve Centennial Committee to transfer unused Centennial funds to Beautification Committee. Motion carried 7-0.

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

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

Airport Board member Jack Barrett spoke regarding the recent Youth in Aviation event at Shawnee Regional Airport. Mr. Barrett wanted to thank City Manager Brian McDougal, Commissioner Carl Holt, Dave’s Donuts, the Citizen’s Potawatomi Nation for providing lunches, John Winterringer for providing water and ice, Ron Davis, David Combs, Rex Hennen and the local newspapers. He especially wanted to thank Bill Beck for his work and dedication to the event. He noted that 135 youth attended this years’ event.

Tom Smith spoke on behalf of the Veterans Committee with an update on progress. He noted that Veteran Board recently purchased flags and flag poles. He noted that the Viet Nam wall will be in Shawnee August 20 – 24, 2009.

AGENDA ITEM NO. 4: Mayor’s Proclamation:

“Municipal Clerks Week”
May 3 – 9, 2009
(accepted by Phyllis Loftis)

“Click It or Ticket May Mobilization Campaign ”
May 18-31, 2009
(accepted by Russell Frantz)

AGENDA ITEM NO. 5: City Manager’s presentation of Employee of the Month to Darlene Lackey, Administrative Assistant Water Utility Department.

City Manager Brian McDougal presented a plaque and certificate to Darlene Lackey, Administrative Assistant Water Utility Department, as the May employee of the month, in recognition of her service and dedication to the City of Shawnee.
Ms Lackey was present to accept.

CITY COMMISSION WILL DEVIATE FROM THE FORMAL AGENDA TO CONSIDER AGENDA ITEM NO. 8

AGENDA ITEM NO. 8: Presentation by Bryan Mitchell, of CDM Engineering, representing Central Oklahoma Water Resource Authority (COWRA) regarding Sardis Lake Project.

Mr. Mitchell provided a power point presentation outlining the current status of the Sardis Lake Project. Mr. Mitchell noted that the cities currently involved in this project in addition to Shawnee are: Edmond, Midwest City, Oklahoma City, Seminole, Chickasha, Del City, Norman, Moore and Central Oklahoma Water Resource Authority. (COWRA).
The presentation outlined the increased demands for water as well as projecting additional supplies needed.
Mr. Mitchell addressed the HOW – Source, Delivery and Costs of the project. Regarding Source – the goal is to determine the best means to capture water from the chosen alternative and the best means to deliver the supplies to participants. Regarding Delivery – the goal is to utilize existing infrastructure whenever possible. The costs of the project will be a percentage amount divided between participants based upon their level of participation. Costs will also depend on the participants’ choice to receive raw or treated water from the project.
There was also discussion regarding the difference in water quality between the potential source waters and the potential receiving waters. Other areas of concern are the obstacles involving threatened and endangered species along the pipeline construction areas.
Mr. Mitchell encouraged members to continue collaborative work toward a secure water supply. He further provided a time line regarding what the next steps should be between the years 2009 – 2015. Mr. Mitchell stated that community outreach and information is vital to the success and support of this project.

CITY COMMISSION RETURNS TO FORMAL AGENDA

AGENDA ITEM NO. 6: Consider a resolution of appreciation to Raymond “Skip” Vague for over 23 years of service to the City of Shawnee and presentation of Resolution of Appreciation.

Mayor Peterson presented a Resolution of Appreciation to Raymond “Skip” Vague for 23 years of service to the City of Shawnee.

Resolution No. 6350 was introduced and read aloud.

RESOLUTION NO. 6350 ENTITLED “A RESOLUTION EXPRESSING APPRECIATION TO RAYMOND “SKIP” VAGUE FOR 23 YEARS OF LOYAL SERVICE TO THE CITY OF SHAWNEE, OKLAHOMA; DIRECTING THAT SAID RESOLUTION BE SPREAD UPON THE OFFICIAL RECORDS OF THE CITY OF SHAWNEE, OKLAHOMA; AND AUTHORIZING A COPY BE PRESENTED TO RAYMOND “SKIP” VAGUE.”

A motion was made by Vice Mayor Stephens, seconded by Commissioner Collier, that the Title and Resolution No. 6350 be approved. Motion carried 7-0.

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

Thereupon Mayor Peterson declared Resolution No. 6350 duly passed and adopted.

Lieutenant Vague was not present to accept.

AGENDA ITEM NO. 7: Consider a resolution approving an exception to the city policy allowing police Lieutenant Raymond “Skip” Vague to keep his handgun upon his retirement.

Resolution No. 6351 was introduced and read aloud.

RESOLUTION NO. 6351 ENTITLED “A RESOLUTION OF THE CITY OF SHAWNEE, OKLAHOMA, APPROVING AN EXCEPTION TO THE CITY POLICY TO ALLOW POLICE LIEUTENANT RAYMOND “SKIP” VAGUE TO KEEP HIS HANDGUN UPON HIS RETIREMENT.”

A motion was made by Vice Mayor Stephens, seconded by Commissioner Holt, that the Title and Resolution No. 6351 be approved. Motion carried 7-0.

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

Thereupon Mayor Peterson declared Resolution No. 6351 duly passed and adopted.


AGENDA ITEM NO. 9: Receive final input from Commissioners regarding capital budget for FY2009-10.

City Manager McDougal asked for comments from the Commission regarding the Capital Budget documents provided to them at the April 20th meeting. Mayor Peterson stated that she was still reviewing the document and would like to continue the discussion regarding capital projects. The Commission stated that they would coordinate their capital budget comments or requests through Mr. McDougal.

AGENDA ITEM NO. 10: Consider approval of agreement with USGS for operation and maintenance of gaging station on Shawnee Lake No. 1.

This agreement is for the period of July 1, 2009 to June 30, 2010. The City
of Shawnee’s contribution is $6,800, which includes $800.00 in unmatched funds. The U.S. Geological Survey Federal matching program will contribute $6,000. The purpose of the weather sensors is to compute potential lake evaporation. Real-time gage information will report water elevation of Shawnee Lake No.1 and weather sensors information (air temperature, humidity, wind speed and direction, precipitation, and solar radiation).

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve agreement with USGS for operation and maintenance of gaging station on Shawnee Lake No. 1. Motion carried 7-0.

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

AGENDA ITEM NO. 11: Discuss and consider appointment of Interim City Treasurer.

City Manager McDougal stated that the City is currently advertising for the position of Finance Director/Treasurer

A motion was made by Vice Mayor Stephens, and seconded by Commissioner Collier, to approve the appointment of Stephen Nolen as Interim City Treasurer. Motion carried 7-0.

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

AGENDA ITEM NO. 12: Consider Bids:

a. Metal Storage Building for Streets Division (Award)

City Engineer John Krywicki stated that six bids were received for the Metal Storage Building for Streets Division but were all over the budget of $31,000.00 and is recommending denial of the bids. He proposed that the City purchase the building outright and then contract out the labor costs.
A motion was made by Commissioner Collier, seconded by Commissioner Holt, to reject all bids and to authorize staff to proceed with the purchase of a building, and contracting out labor costs. Motion carried 7-0.

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

b. Annex New Roof Installation (Open)

BIDDER AMOUNT

Statewide Roofing, Inc.
Moore, OK $37,155.00

Oklahoma Roofing & Sheet Metal
Oklahoma City, OK $35,349.77

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to defer bids to staff for review and recommendation at the May 18th City Commission meeting. Motion carried 7-0.

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

Under Administrative Reports, City Manager Brian McDougal gave out copies of the City’s proposed Maintenance and Operation budget for FY 09-10.


AGENDA ITEM NO. 15: Consider an Executive Session to discuss City Manager’s ninety day evaluation pursuant to 25 O. S. §307 (B) (1).

A motion was made by Commissioner Harrod, seconded by Vice Mayor Stephens, to go into Executive Session to consider and discuss City Manager’s ninety day evaluation pursuant to 25 O. S. §307 (B) (1). Motion carried 7-0.

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

CITY COMMISSION NOW IN EXECUTIVE SESSION AT 8:17 P.M. WITH ALL COMMISSIONERS PRESENT.

CITY COMMISSION RECONVENED IN REGULAR SESSION AT 9:15 P.M. WITH ALL COMMISSIONERS PRESENT.

AGENDA ITEM NO. 16: Consider matters discussed in Executive Session regarding City Manager’s ninety day evaluation pursuant to 25 O. S. §307 (B) (1).

The Executive Session was informational only and no action was taken at this time.

AGENDA ITEM NO. 17: Commissioners Comments

There were no Commissioners Comments.

AGENDA ITEM NO. 18: Adjournment

There being no further business to be considered, a motion was made by
Commissioner Holt, seconded by Commissioner Harrod, that the meeting be adjourned. Motion carried 7-0. (9:17 p.m.)

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

LINDA PETERSON, MAYOR





(SEAL)
ATTEST:

PHYLLIS LOFTIS,
CITY CLERK




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