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Date: 11/2/2009Board: City CommissionDocumentType: MinutesWeb Posted: 11/17/2009 10:36:38 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
NOVEMBER 2, 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, November 2, 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. DAN WILLIAMS
FIRST BAPTIST CHURCH

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda:

Following a lengthy discussion, a motion was made by Commissioner Harrod, seconded by Commissioner Collier, to defer Agenda Item No. 7 & 8 until a future meeting and approve the balance of the Agenda. Motion carried 5-2.

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

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 19, 2009 meeting

c. Transfer of Appropriation – FY 2009-2010 General Fund
To adjust salary line item budgets for compensated absences leave which were paid to former employees in July, August and September 2009

d. Acknowledge the following minutes and reports:

• Shawnee Civic and Cultural Development Authority minutes from September 17, 2009
• Sister City Council minutes from September 8, 2009
• Project Payment report September 1-30, 2009
• License Payment report September 1-30, 2009
• Traffic Commission minutes from July 28, 2009

e. Acknowledge Annual Audit of Pioneer Library System for Fiscal Year ending June 30, 2009

f. Mayor’s Appointments:

Shawnee Hospital Authority
Mark Finley Term to expire 12/31/15
Kathy Laster, Ph. D. Term to expire 12/31/15
Stephen Trotter, M.D. Term to expire 12/31/15

g. Approve Mayor’s recommendation to appoint Commissioner James Harrod and City Manager Brian McDougal to the Central Oklahoma Economic Development District board.

h. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Tighe Cooper.

i. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Kyla Winchester.

j. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Dennis Kreutzer.

k. Traffic Commission Recommendations:

A. Consideration of request from Roger Klaus and John Winterringer, Post Office Box 1809, Shawnee, OK, to install deer crossing signs at:

(1) Each end of Elm Street (at Elm and Independence and Elm and Bradley); and
(2) Corner of Bryan and Bradley.

BOARD RECOMMENDATION: Board recommends to deny both (1) and (2) due to no one present for request.

STAFF RECOMMENDATION: Staff recommended to approve request (1) and deny request (2).

B. Consideration of request from Carol and Douglas Shoemaker, 420 South Leo, Shawnee, OK, to request OG&E to install a street light on the pole by their driveway at 420 South Leo and for the City of Shawnee to pay for the monthly electrical charges.

BOARD RECOMMENDATION: Board recommends to deny request.

STAFF RECOMMENDATION: Staff recommended to deny request.

C. Consideration of request from Delbert Totty, 609 West Poplar, Shawnee, OK, to provide lane indications for exiting and entering into City Public Works building.

BOARD RECOMMENDATION: Board recommends to deny request.

STAFF RECOMMENDATION: Staff recommended to deny request.

D. Consideration of request from Delbert Totty, 609 West Poplar, Shawnee, OK, to provide left turn lanes at unmarked entrances to mall from access road.

BOARD RECOMMENDATION: Board recommends to deny request.

STAFF RECOMMENDATION: Staff recommended to deny request.

E. Consideration of request from Delbert Totty, 609 West Poplar, Shawnee, OK, to initiate no left turn at:

(1) Union and Highland, east/west bound only;
(2) Beard and Highland, east/west bound only; and
(3) Broadway and Highland, east/west bound only.

BOARD RECOMMENDATION: Board recommends to deny request.

STAFF RECOMMENDATION: Staff recommended to deny request.

F. Consideration of request from Delbert Totty, 609 West Poplar, Shawnee, OK, to install no u-turn or no left turn sign at Poplar and Kickapoo (southbound side).

BOARD RECOMMENDATION: Board recommends to approve request to install a no u-turn sign on Kickapoo at Poplar southbound.
STAFF RECOMMENDATION: Staff recommended to approve request to install a no u-turn sign on Kickapoo at Poplar southbound.

G. Consideration of request from Staff for approval of the 2010 Calendar Year Schedule of Regular Meetings for the Traffic Commission.

BOARD RECOMMENDATION: Board recommends to approve request.

STAFF RECOMMENDATION: Staff recommended to approve request.

Before voting on the Consent Agenda, it was requested that Agenda Item No. 2(b & k), concerning the minutes from the October 19, 2009 meeting, and the Traffic Commission Recommendations, be considered separately.
A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to approve Consent Agenda Item No. 2(a-j), less (b & k), as presented. Motion carried 6-0-1.

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

Regarding Agenda Item No. 2(b), concerning the minutes from the October 19th City Commission meeting. Mayor Peterson, Commissioner Sims and Commissioner Holt were not present at the October 19th meeting and wished to have this agenda items considered separately.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to approve the minutes from the October 19, 2009 City Commission meeting. Motion carried 4-0-3.

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

Under Consent Agenda Item No. 2(kA), concerning the Traffic Commission Recommendations, to install deer crossing signs at Elm and Independence and Elm and Bradley, and the corner of Bryan and Bradley. Staff recommended denial of the request.
A motion was made by Vice Mayor Stephens, seconded by Commissioner Harrod, to approve Staff recommendation to approve request; (1) to install deer crossing signs at Elm and Independence and Elm and Bradley; (2) deny request to install deer crossing signs at the corner of Bryan and Bradley. Motion carried 6-0-1.

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

In consideration of Consent Agenda Item No. 2(kB), the request by Carol and Douglas Shoemaker to install a street light on the pole by their driveway at 420 South Leo and for the City of Shawnee to pay for the monthly electrical charges. It was motioned by Commissioner Harrod, seconded by Commissioner Sims, to accept Commission and Staff recommendation to deny request. Motion carried 7-0.

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

Under Consent Agenda No. 2(kC), regarding Delbert Totty’s request to provide lane indications for exiting and entering into City Public Works building. After careful consideration the Commissioners agreed with the Staff’s recommendation to deny the request.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to approve recommendation by Commission and Staff to deny request. Motion carried 7-0.

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

Under Consent Agenda Item 2(kD), Delbert Totty’s requests to provide left turn lanes at unmarked entrances to mall from access road. After careful consideration the Commissioners decided it would be best to agree with the recommendation of the Commission and Staff to deny the request.
A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to approve recommendation by Commission and Staff to deny request to provide left turn lanes at unmarked entrances to mall from access road.


Motion carried 7-0.

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

Regarding Consent Agenda Item No. 2 (kE), Mr. Totty is requesting that at the east/west bound traffic only, to initiate no left turn at the sections of
(1) Union and Highland
(2) Beard and Highland
(3) Broadway and Highland

Upon consideration of the request a motion was made by Commissioner Harrod, seconded by Commissioner Holt, to accept Commission and Staff recommendation and deny request to initiate no left turn lanes at Union and Highland, Beard and Highland, and Broadway and Highland. Motion carried 7-0.

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

In regard to Consent Agenda Item 2(kF), Delbert Totty is requesting that no u-turn or no left turn sign be installed at Poplar and Kickapoo (southbound). The recommendation of staff was to approve the no u-turn sign at Poplar and Kickapoo.
A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to accept Commission and Staff recommendation to install no u-turn sign at Poplar and Kickapoo (southbound). Motion carried 7-0.

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

Under Consent Agenda Item 2(kG), Staff recommended to approve the Traffic Commission schedule of regular meetings for the 2010 calendar year.
A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to approve the Traffic Commission schedule of regular meeting for the 2010 calendar year. Motion carried 7-0.

AYE: Harrod, Collier, Winterringer, Holt, Stephens, Sims, Peterson
NAY: None
AGENDA ITEM NO. 3: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)

Mr. Stan Kroeling, a resident of East Walnut Street, addressed the request made by a neighbor for a trailer/mobile home to be placed at the back of their residence for their son to live. Mr. Kroeling stated the neighbor had been denied this request due to requirements on mobile homes used for residency on property within the city limits. Mr. Kroeling advised this property is not in the city limits and just wanted to clarify this information.

AGENDA ITEM NO. 4: Mayor’s Proclamations:

"Veteran’s Day”
November 11
(accepted by Al Wright, Dave Boardman, and Joe Freeman)

AGENDA ITEM NO. 5: Presentation on Safe Community Designation.

Emergency Management Director Donald Lynch reported that The Safe Communities concept was founded September, 1989 at the First World Conference on Accident and Injury prevention held in Stockholm, Sweden. He advised that Shawnee has been chosen to participate in the Safe Communities Initiative. The World Health Organization’s (WHO) Safe Communities Initiative is currently based on these six indicators.

1. An infrastructure based on partnership and collaborations, governed by cross-sectional group that is responsible for safety promotion in their community
2. Long-term, sustainable programs covering both genders and all age levels, environments, and situations
3. Programs that target high-risk groups and environments, and programs promoting safety for vulnerable groups.
4. Programs that document the frequency and causes of injuries
5. Evaluation measures to assess the programs, processes, and the effects of change
6. Ongoing participation in national and international Safe Communities networks.

The Oklahoma State Department of Health received a grant to sponsor a community through the application process and The Pottawatomie County Health Department has been selected to receive the 2009 award.
Tina Johnson, County Health Administrative Director, has requested to serve as the lead group in keeping with the mission of the LEPC to promote safety within the community. A Safe Community Shawnee Steering Committee has been formed as a subcommittee of the LEPC.
The Safe Community Shawnee Steering Committee has submitted an application for certification along with certifying documentation to the World Health Organization’s (WHO) Certifying Center listing 75 programs for Children up to 14 years old, 63 programs for Young Adults (15-24 years old); 60 programs for Adults (age 25-64); 28 programs for Seniors (age 65 and older); 32 programs applicable in the home; 35 programs available through the school systems; 22 programs focusing on traffic safety; 24 programs focusing on violence prevention; 34 programs focusing on leisure activities; and 8 programs focusing on sports activities. The Steering Committee believes this is an outstanding portrayal of the diversity, depth, commitment, and community-minded spirit demonstrated by the numerous organizations sponsoring these programs in our community.
Upon receipt of designation, Shawnee will be the first city in Oklahoma and only the 5th community in the United States to be certified. Mr. Lynch explained many of the benefits to the City of Shawnee when this certification is received, including a valuable tool for economic development.
On November 5 & 6, two representatives from the Certifying Center Site Committee will be in Shawnee to conduct a visit to validate selected portions of the application to see how it promotes the quality of life.
Also, the Steering Committee has provided a schedule for review and invites you to participate in a reception sponsored by Unity Health Center in the Center’s cafeteria from 5:30 to 6:30 on November 5. The official designation letter should be received after January 1, 2010 with the award ceremony held sometime in the spring. This certification will be renewable every three years.

AGENDA ITEM NO. 6: Consider Professional Services Agreement between the City of Shawnee (Shawnee Regional Airport) and the Central Oklahoma Economic Development District for EDA Project Number 08-01-04405 grant administration.

Central Oklahoma Economic Development Division (COEDD) will administer the $325,000 EDA grant for the new airport terminal building. The cost for the services is $10,000 and is specified in the Special Award Terms and Conditions as set forth by the EDA. Rex Hennen, Assistant Airport Manager, advised this money will come from the grant.
A motion was made by Vice Mayor Stephens, seconded by Commissioner Holt, to approve the Professional Services Agreement between the City of Shawnee (Shawnee Regional Airport) and the Central Oklahoma Economic Development District for EDA Project Number 08-01-04405 grant administration. Motion carried 7-0.

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

AGENDA ITEM NO. 9: Discussion and consideration of establishing a Citizens Advisory Committee.

Discussion was held on the scope of the committee and how to put the members together. The mayor had requested commissioners send her two names each for possible candidates for the committee. Mayor Peterson handed out an information sheet with her vision of the committee. This included the purpose of collecting information and prioritizing projects for a 5 to 10 year improvement plan.
She would like to see a diverse, informal group of 15 to 20 people, meeting perhaps monthly and reporting to the commission regularly. Vice-Mayor Stephens questioned whether the recommendations from each commissioner needs to be restricted to their perspective ward or could the appointment be from anywhere in the city. Commissioner Harrod asked if the appointment needed to be from inside the city limits as there are many students and business people living outside the city limits but with a vested interest in the future of the City of Shawnee. Commissioner Holt also wanted a clarification on the ward restriction for commissioner appointment candidates. Commissioner Sims thinks the structure of the committee needs to be diverse and flexible with the appointees meeting to set their own agenda and see what their priorities are for the future of Shawnee. The committee could then recommend the structure and scope back to the mayor.
The Mayor suggest the commissioners send her 2 recommendations each from anywhere within or associated with the City sometime in the next two weeks. She will then set the first agenda and call for the first meeting. There will be no formal application and no expiration of terms or term limits. Commissioner Harrod would like to see this committee have a deadline of 1 ½ to 2 years for recommendations back to the commission. At that point in time, budgeting would need to be started for the priority projects as recommended by the Citizens Advisory Committee, if accepted by the commission.
City Manager Brian McDougal agreed that this is the right way to begin, with a much diversified group covering everything from skateboarders to senior citizens as you never know where a fresh idea will come from.

AGENDA ITEM NO. 10: Consider a resolution declaring certain city property held by the Shawnee Police Department surplus and authorizing public sale or transfer of said property to another law enforcement agency.

Resolution No. 6364 was introduced and read aloud.

RESOLUTION NO. 6364 ENTITLED “A RESOLUTION DECLARING CITY PROPERTY HELD BY THE SHAWNEE POLICE DEPARTMENT SURPLUS AND NO LONGER NEEDED FOR CITY PURPOSES; DESCRIBING SAID ITEMS; AND AUTHORIZING THE DISPOSAL OF SAID ITEMS BY EITHER PUBLCI SLE, PUBLIC AUCTION OR DONATION TO ANOTHER LAW ENFORCEMENT AGENCY.”

A motion was made by Commissioner Sims, seconded by Commissioner Harrod, that Resolution No. 6364 be approved. Motion carried 6-0.

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

VICE MAYOR STEPHENS NOT PRESENT DURING VOTE

AGENDA ITEM NO. 11: Consider letters of support to the U.S. Department of Housing and Urban Development for the Native American Housing Services, Inc., and the Faith 7 Activity Center as requested by Michael Little, Westchester Building Systems.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to approve letters of support to the U.S. Department of Housing and Urban Development for the Native American Housing Services, Inc., and the Faith 7 Activity Center.


Motion carried 6-0


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

VICE MAYOR STEPHENS NOT PRESENT DURING VOTE

AGENDA ITEM NO. 12: Consider Bids:

a. Lease/Purchase One 84HP Tractor/Loader/Backhoe (with Alternate Trade-in) (Award) and approve Appropriation of Beginning Balance – Cemetery Perpetual Fund 702 in the amount of $5,000 to cover cost not budgeted

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, that the bid for Lease/Purchase One 84HP Tractor/Loader/Backhoe (with Alternate Trade-in) be awarded to C.L. Boyd Company, Oklahoma City, as the lowest and best bid in the amount of $48,270.00. Motion carried 7-0.

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

b. City Hall Emergency Generator Replacement (Open)

Four bids were received and read into record.

BIDDER AMOUNT

PATCO Electrical Services
Oklahoma City, OK $46,870.00

Harrod Electric, LLC
Shawnee, OK $47,672.00

All Phase Electric, Inc.
Shawnee, OK $61,934.00

Baker Brothers Electric, Inc.
Moore, OK $41,100.00

A motion was made by Commissioner Holt, seconded by Commissioner Winterringer, that the bids for City Hall Emergency Generator Replacement be deferred to staff for review and recommendation at the December 7th City Commission meeting. Motion carried 7-0.

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

c. Digester Cleaning at Southside Wastewater Treatment Plant (Open)

Five bids were received and read into record as follows:

BIDDER AMOUNT

Mullin Pumping
Broken Arrow, OK $81,750.00
ALT $38,700.00

Ace Pipe Cleaning Inc.
Kansas City, MO $89,000.00
ALT $32,000.00

Terra Renewal Services, Inc.
Russellville, AR $
ALT $59,024.00

Mid-America Environmental Contractors
Ozark, AR $122,000.00
ALT $54,000.00

Sludge Technology, Inc.
Muskogee, OK $136,000.00
ALT $43,000.00

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, that the bids for Digester Cleaning at Southside Wastewater Treatment Plant be deferred to staff for review and recommendation at the next 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

Justin Erickson, Community Development/Planning Director, discussed his meeting with the Planning Commission on the Kickapoo Street Paving Project and reported on changes that could be done without slowing down the project. One change that will be implemented is stamping concrete borders along the sidewalks to help make a visual barrier between the sidewalk and the street. In addition, the sidewalks will be moved away from the curb, when possible. Stamped concrete borders, decorative lighting and decorative poles will be used around Oklahoma Baptist University. Other ideas will be incorporated as available. The Planning Commission was satisfied with these changes in the project.

Donna Mayo, Deputy City Clerk, reported on openings available for appointment on Boards and Commissions and distributed spreadsheets with each board and member by board or commission and by term expiration. There are openings available on the SURA board, the Housing Authority and the Airport Advisory Committee at this time. One application has been received for the SURA board, no applications have been received for the Housing Authority and three applications have been received for the Airport Advisory Committee. All applications received will be kept on file if the applicant is not appointed at this time and these applications will be available for consideration on future openings.

City Manager Brian McDougal and several staff members attended the Chamber of Commerce Retreat held at Remington Park in Oklahoma City last week. They were given limited time for a presentation and worked hard to make sure there was valuable information given to the attendees of the retreat.
The City Manager also advised the commission there are two interviews scheduled on Thursday, November 5 for Finance Director, one applicant from Oklahoma City and one from Dallas.

Jim Bierd, Utility Director, reported water is still being treated from Wes Watkins Reservoir. Also, preliminary reports are in on pumps and controls. There may be some stimulus money available and we may need to get some engineering reports and would need to request money will that purpose at a later date.

AGENDA ITEM NO. 15: Consideration and possible action to enter into an Executive Session to discuss pending litigation entitled City of Shawnee v. Holloway, Updike & Bellen, et al, Case number CJ-06-236, District Court, Pottawatomie County, pursuant to 25 O.S. §307 (B)(4) on recommendation of counsel.

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to enter into Executive Session to discuss pending litigation entitled City of Shawnee v. Holloway, Updike & Bellen, et al, Case number CJ-06-236, District Court, Pottawatomie County, pursuant to 25 O.S. §307 (B)(4) on recommendation of counsel. Motion carried 7-0.

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

CITY COMMISSION NOW ENTERS EXECUTIVE SESSION AT 8:00 P.M. WITH ALL COMMISSIONERS PRESENT

CITY COMMISSION RECONVENED IN REGULAR SESSION AT 10:08 P.M. WITH ALL COMMISSIONERS PRESENT

COMMISSIONER HARROD IS EXCUSED

AGENDA ITEM NO. 16: Consider matters discussed in Executive Session to regarding pending litigation entitled City of Shawnee v. Holloway, Updike & Bellen, et al, Case number CJ-06-236, District Court, Pottawatomie County, pursuant to 25 O.S. §307 (B)(4) on recommendation of counsel.

No action was taken at this time.

AGENDA ITEM NO. 17: Commissioners Comments

Vice-Mayor Stephens reminded everyone of the Veterans’ Day Parade scheduled for Saturday, November 7 at 11:00 a.m.
Mayor Peterson reminded everyone of the Senior Citizens program for Veterans’ Day at the Senior Center on Wednesday, November 11.

Commissioner Winterringer reminded everyone to vote on the school bond issue on Tuesday, November 10.

AGENDA ITEM NO. 18: Adjournment

There being no further business to be considered, a motion was made by
Vice Mayor Stephens, seconded by Commissioner Winterringer, that the meeting be adjourned. Motion carried 6-0. (10:09 p.m.)

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


LINDA PETERSON, MAYOR



(SEAL)

ATTEST:

DONNA MAYO,
DEPUTY CITY CLERK




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