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Date: 7/20/2009Board: City CommissionDocumentType: MinutesWeb Posted: 8/4/2009 8:46:15 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
JULY 20, 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, July 20, 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. KEITH WARD
New Life World Outreach Center

FLAG SALUTE Shawnee Boy Scout Troop 408

AGENDA ITEM NO. 1: Consider approval of Agenda:

Commissioner Collier requested that Agenda Item No. 13 (Commissioners’ Comments) be considered after Agenda Item No. 9 (Administrative Reports); further that Agenda Item No. 11 (Consideration of Executive Session regarding acquisition of property for Regional Park) be considered after Agenda Item No. 9 (Consideration of Executive Session regarding Alan Borcherding v. City of Shawnee CIV-08-1171-R and Alan Borcherding v. City of Shawnee Police Department, WWC#2008-06364K). A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve the Agenda with the changes requested. Motion carried 7-0.

AYE: Harrod, Sims, 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 6 a.

b. Minutes from the July 6, 2009 meetings

c. Budget Amendments

2008 CDBG Entitlement Grant Fund 183 $227,304.57
2004 CDBG Entitlement Grant Fund 156 365.88
2005 CDBG Entitlement Grant Fund 157 33,499.24
2006 CDBG Entitlement Grant Fund 181 16,808.88
2007 CDBG Entitlement Grand Fund 182 173,777.10
Home Rehab Program Income Fund 199 70,000.00

These amendments are necessary to roll over funds to FY 09-10

d. Acknowledge the following minutes:

• Shawnee Urban Renewal Authority minutes from June 2, 2009

e. Designate Seth McDonnell as the Court Marshal for the City of Shawnee

f. Lake Site Lease Transfer and Renewals:

Transfer:
• Lot 9 Eckel Tract. 15201 Eckel Road
From: R. McKinnon and N. McKinnon
To: M. Violett and K. Pfenninger


Renewals:
• Lot 14 Magnino Tract, 16704 Clearpond Lane
M. Clements and S. Clements

• Lot 1 North School, 31827 Ingram Road
J. Smith

• Lot 16 Eckel Tract, 15001 Colson Lane
C. Thompson

Before voting on the Consent Agenda, Commissioner Sims requested Consent Agenda Item No. 2(f), be pulled for separate consideration.

A motion was made by Commissioner Holt, seconded by Commissioner Collier, to approve Consent Agenda Item No. 2 (a-e), less (f), as presented. Motion carried 7-0.

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

Concerning Agenda Item No. 2(f), Lake Site Lease Transfer and Renewal of Lot 1 North School, 31827 Ingram Road, J. Smith. Commissioner Sims asked if the rents for the North and South School leases were being pro-rated due to the expiration of the City’s agreement with the Commissioners of the Land Office in December, 2009. Community Development Director Justin Erickson responded that those particular leases are being pro-rated.

A motion was made by Commissioner Sims, seconded by Commissioner Collier, that Consent Agenda Item No. 2(f), be approved. Motion carried 7-0.

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

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

There was no Citizens Participation.



AGENDA ITEM NO. 4: Consider a resolution accepting the grant agreement for Airport Improvement Program (AIP) Project No. 3-40-0088-013-2009, Duns No. 126176853 from the Federal Aviation Administration (FAA) at Shawnee Regional Airport to make airside improvements for the project; design only for “Rehabilitate Runway 17-35; rehabilitate and realign the parallel taxiway and improve the runway safety area.

Resolution No. 6359 was introduced and read aloud.

RESOLUTION NO. 6359 ENTITLED “A RESOLUTION ACCEPTING THE GRANT AGREEMENT FOR AIRPORT IMPROVEMENT PROGRAM (AIP) PROJECT NO. 3-40-0088-013-2009, DUNS NO. 126176853 FROM THE FEDERAL AVIATION ADMINISTRATION (FAA) AT SHAWNEE REGIONAL AIRPORT TO MAKE AIRSIDE IMPROVEMENTS FOR THE PROJECT; DESIGN ONLY FOR “REHABILITATE RUNWAY 17-35; REHABILITATE AND REALIGN THE PARALLEL TAXIWAY AND IMPROVE THE RUNWAY SAFETY AREA.”

A motion was made by Commissioner Harrod, seconded by Commissioner Holt, that Resolution No. 6359 be approved. Motion carried 7-0.

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

Thereupon Mayor Peterson declared Resolution No. 6359 duly passed and adopted.

AGENDA ITEM NO. 5: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit plan and refund of contributions from the Hybrid and Defined contribution plan for Earl Steve Gruette.

A motion was made by Vice Mayor Stephens, seconded by Commissioner Collier, to approve the Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit plan and refund of contributions from the Hybrid and Defined contribution plan for Earl Steve Gruette. Motion carried 7-0.

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

AGENDA ITEM NO. 6: Consider Bids:

a. Replace City Hall East Elevator Pump Jack, Mechanical Equipment, and Elevator Car Modernization (Award)

A motion was made by Commissioner Sims, seconded by Commissioner Harrod, to award bid to Kone Elevators Escalators, Oklahoma City, OK, to Replace City Hall East Elevator Pump Jack, Mechanical Equipment, and Elevator Car Modernization in the amount of $69,891.00 as the lowest and best bid. Motion carried 7-0.

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

AGENDA ITEM NO. 7: 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. 8: Administrative Reports

City Engineer John Krywicki spoke regarding the status of the Kickapoo Street right-of-way acquisition. He stated that 81 offers have been made and 18 have been secured. At this time there are 3 properties which will be brought before the Commission at the August 3, 2009 meeting for condemnation consideration.
Regarding the Slover Street bridge repair, Mr. Krywicki stated that report from Burgess and Niple Engineering has been given to Guy Engineering to review. They will submit a proposal regarding repair estimates which will be reviewed to determine if it will be cost beneficial to proceed with the repairs.

Utilities Director Jim Bierd unveiled a new SMA logo as part of the on-going improvement plans for water and sewer facilities. This logo will be used for all SMA vehicles to differentiate them from other city vehicles.

CITY COMMISSION WILL DEVIATE FROM REGULAR AGENDA TO CONSIDER AGENDA ITEM NO. 13, AGENDA ITEM NO. 9 AND AGENDA ITEM NO. 11.

AGENDA ITEM NO. 13: Commissioners Comments

Commissioner James Harrod spoke regarding the Brooksville landfill. He questioned whether the City was looking into any alternatives to help residents with their additional disposal needs. City Manager Brian McDougal responded that during recent meetings with Allied several options and alternatives were discussed. Allied is currently working on a presentation for consideration soon.

Commissioner Holt congratulated the Airport Advisory Board and airport staff on the success of the recent fly-in.

Mayor Peterson thanked the staff for their participation in the meeting with Dunbar Heights. She also thanked the City and Expo staffs, and all the volunteers, for their work in making the rodeo a success.

AGENDA ITEM NO. 9: Consideration and possible action to enter into executive session for confidential communications with legal counsel regarding the pending matters of Alan Borcherding v. City of Shawnee, Case No. CIV-08-1171-R, United States District Court for the Western District of Oklahoma and Alan Borcherding v. City of Shawnee Police Department, WCC# 2008-06364-K, Oklahoma Workers’ Compensation Court, including discussion of current status of each claim and legal representation of each claim upon the advice of legal counsel that public disclosure would seriously impair the ability of the public body to process the pending claims in the public interest all as authorized by 25 O.S. Section 907(B)(4).

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to enter into executive session to consider confidential communications with legal counsel regarding the pending matters of Alan Borcherding v. City of Shawnee, Case No. CIV-08-1171-R, United States District Court for the Western District of Oklahoma and Alan Borcherding v. City of Shawnee Police Department, WCC# 2008-06364-K, Oklahoma Workers’ Compensation Court as authorized by 25 O.S. §307(B)(4). Motion carried 7-0.

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

AGENDA ITEM NO. 11: Consideration and possible action to enter into Executive Session to discuss acquisition of real property for Regional Sports Park pursuant to 25 O.S. §307 (B)(3).

A motion was made by Commissioner Holt and seconded by Commissioner Collier to enter into executive session to discuss acquisition of real property for Regional Sports Park pursuant to 25 O.S. §307 (B) (3). Motion carried 7-0.

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

CITY COMMISSION NOW IN EXECUTIVE SESSION AT 7:00 P.M. WITH ALL COMMISSIONERS PRESENT.

CITY COMMISSION RECONVENED IN REGULAR SESSION AT 9:40 WITH ALL COMMISSIONERS PRESENT.

AGENDA ITEM NO. 10: Consideration and possible action on matters discussed in Executive Session regarding the pending matters of Alan Borcherding v. City of Shawnee, CIV-08-1171-R, United States District Court for the Western District of Oklahoma and Alan Borcherding v. City of Shawnee Police Department, WCC#2008-06364-K, including discussion of current status of each claim and legal representation of each claim upon the advice of legal counsel that public disclosure would seriously impair the ability of the public body to process the pending claims in the public interest all as authorized by 25 O.S. §307(B)(4).

No action was taken.

AGENDA ITEM NO. 12: Consideration and possible action on matters discussed in Executive Session regarding acquisition of real property for Regional Sports Park pursuant to 25 O.S. §307 (B) (3).

No action was taken.

AGENDA ITEM NO. 14: Adjournment

There being no further business to be considered, a motion was made by
Commissioner Sims, seconded by Commissioner Holt, that the meeting be adjourned. Motion carried 7-0. (9:43 p.m.)

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


LINDA PETERSON, MAYOR



(SEAL)

ATTEST:

PHYLLIS LOFTIS,
CITY CLERK

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