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Date: 2/1/2010Board: City CommissionDocumentType: MinutesWeb Posted: 2/17/2010 10:37:28 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
FEBRUARY 1, 2010 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, February 1, 2010 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. TIM SEAN YOUMANS
EMMANUEL EPISCOPAL CHURCH
FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda:

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

AYE: Harrod, Winterringer, Holt, Stephens, Sims, Peterson, Collier
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 9.

b. Minutes from the January 19, 2010 meeting

c. Acknowledge the following minutes:

• Shawnee Civic and Cultural Development Authority minutes from December 17, 2009

d. Acknowledge Worker’s Compensation settlement for Mike Bertram.

e. Acknowledge Mayor’s Appointments:


NAME Carl Packwood
BOARD Shawnee Civic and Cultural Development Authority
TERM EXPIRES 12/31/13 (2nd Full Term)

NAME Lauri Fluke
BOARD Housing Authority
TERM EXPIRES 2/4/13 (1st Full Term)

NAME` Chris Waddell
BOARD Housing Authority
TERM EXPIRES 2/4/13 (1st Full Term)

NAME Gail Foresee
BOARD Housing Authority
TERM EXPIRES 2/4/11 (1st Partial Term)

f. Acknowledge the following appointments to the Shawnee Lake Advisory Committee:

Shawnee Twin Lakes Association - Russ Adams
Chalk Norton

Commission of the Land Office Lessee Julie Akerman
Annette Stuckey

At Large - Lake Resident Wolf Gugler

Shawnee Lake Leaseholders Alliance - Mark Wolfe

Homebuilders Association- Link Cowan

Shawnee Non Lake Resident – At Large Lance Wortham

Shawnee Non Lake Resident – At Large Open

Sustainable Shawnee
or Water advocate living in town - Open

James Harrod Commissioner

Frank Sims Commissioner

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

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

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

Regarding agenda item 2(f), Commissioner Harrod was not in agreement with the change in the committee structure. He stated that the number of positions being proposed did not reflect what was decided at the January 19, 2010 meeting. Commissioner Harrod requested that one Shawnee Twin Lakes Association nominee be stricken, one Commissioner of the Land Office lessee be stricken and the lake at-large position be eliminated.
Vice Mayor Stephens inquired as to whether the Committee was to be a long-term advisory committee or an ad hoc committee. Commissioner Sims responded that he viewed it as a short term advisory committee for the purpose of helping the Planning Department with the lake issues.
Commissioner Harrod made a motion, and was seconded by Vice Mayor Stephens, to adopt the committee as agreed upon at the January 19th meeting and to establish an ending date for the Lake Committee of September 30, 2010.
City Manager Brian McDougal stated that he was not sure that the entire scope of work of this committee could be accomplished in a six month time frame. Commissioner Sims stated that he was pleased that more people had volunteered to serve and be willing to assist with significant issues. Commissioner Sims urged Commissioners to vote “no” on Commissioner Harrod’s motion.
Commissioner Harrod stated that it is harder to get things accomplished in a large committee. Vice Mayor Stephens agreed the committee needs to be smaller and more focused.
It was the determination of the City Attorney John Canavan, the additional positions added since the January 19th meeting could not be voted on at this meeting. The agenda does not reflect a motion to amend the previous Commission action.
Commissioner Harrod and Vice-Mayor Stephens withdrew their Motion and second.
Commissioner Harrod made a motion, seconded by Commissioner Sims to appoint the following persons and positions to the Shawnee Twin Lakes Committee:

Shawnee Twin Lakes Association representative: Russ Adams
Commissioner of the Land Office Lessee representative: Julie Akerman
Shawnee Lake Leaseholders Alliance representative: Mark Wolfe
Homebuilders Association representative: Link Cowan
Shawnee resident At-Large representative: Lance Wortham
Shawnee resident At-Large representative: Wolf Gugler
Sustainable Shawnee representative: (Open)
Commissioner Harrod
Commissioner Sims

Motion carried 7-0.

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

Commissioner Sims then requested an item for the next City Commission Agenda which would add one additional committee appointment from the Shawnee Twin Lakes Association and the Commissioners of the Land Office Lessee group.


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: Mayor’s Proclamation

“Black History Month”
February 2010
(accepted by Reverend Joseph Wilkes)

AGENDA ITEM NO. 5: Presentation of Shawnee Convention and Visitor Bureau Annual Report and Budget by Gordona Rowell, Executive Director.

Ms. Rowell presented the annual report and provided packets to Commissioners and staff which contained the SCVB annual report and budget. Ms. Rowell pointed out that that hotel/motel revenues were down 15% from last year, but their 59.4% occupancy rate is still above the national average of 55%. Regarding the future visitor’s center, Ms. Rowell reported that the floor plan and artist renderings are now being prepared.

AGENDA ITEM NO. 6: Discuss and consider setting the time, date and place for a public hearing on the Bryan Street interchange project.

Commissioners agreed to set the public hearing to discuss the Bryan Street interchange project on Tuesday February 23rd at 6:30 p.m. at Grove School located at 2800 N. Bryan Street.

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to approve time, date and place for the public hearing on the Bryan Street interchange project. Motion carried 7-0.

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

AGENDA ITEM NO. 7: Consider amending Section 3 of Ordinance No. 2423NS setting the amount of annual fee of gross proceeds or gross receipts of investor-owned utility or rural electric co-operative.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, that Ordinance No. 2424NS be approved as amended.

Ordinance No. 2424NS was introduced and read aloud.

ORDINANCE NO. 2424NS ENTITLED “AN ORDINANCE SETTING THE ANNUAL FEE FOR INVESTOR-OWNED UTILITY OR RURAL ELECTRIC CO-OPERATIVES BASED ON THEIR GROSS PROCEEDS OR GROSS RECEIPTS; AMENDING SECTION 3 OF ORDINANCE NO. 2423NS; SETTING THE FEE AT THE VOTER-APPROVED FRANCHISE FEE PLUS THE CURRENT MUNICIPALITY SALES TAX AND PROVIDING FOR SEVERABILITY.”


Motion carried 7-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2424NS duly passed and adopted.

AGENDA ITEM NO. 8: Consider approval of disability retirement for Bill Igo from the Oklahoma Municipal Retirement Fund.

A motion was made by Vice Mayor Stephens, seconded by Commissioner Holt, to approve disability retirement for Bill Igo from the Oklahoma Municipal Retirement Fund. Motion carried 7-0.

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


AGENDA ITEM NO. 9: Consider Bids:

a. One used 2-ton, single axle, dual rear wheel cab and chassis with new service body and crane (Award) and transfer of budget between departments and/or projects - SMA Fund 501

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to award bid of a 2-ton, single axle, dual rear wheel cab and chassis with new service body and crane to Houston Automotive Group, Inc., Houston TX, in the amount of $73,183.83; and transfer of SMA Fund 501. Motion carried 7-0.

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

b. Shawnee Regional Airport Terminal Building Contract No. COS-PW-09-01, EDA Award No. 08-01-04405, OAC Project No. SNL-10-S (Open)

Eleven bids were received and read into record.

BIDDER Total Base Bid Alternate 1 (Landside Canopy) Alternate 2 (Existing Terminal Demo) Alternate 3 (Clad Trusses) Alternate 4 (Engineered Stone)
B&B Builders, LLC Shawnee, OK $979,000.00 $17,500.00 $18,000.00 $11,800.00 $31,355.00
Diversified Construction,
Edmond, OK $1,125,000.00 $26,000.00 $31,000.00 $10,000.00 $6,000.00
Downey Contracting, LLC. Oklahoma City, OK $1,105,000.00 $20,800.00 $22,400.00 $36,700.00 $12,000.00
High Country Utilities, Inc.
Perkins, OK $1,594,600.00 $36,000.00 $44,800.00 $8,400.00 $7,500.00
Jenco Construction Co.
Oklahoma City, OK $1,225,000.00 $19,000.00 $35,500.00 $12,500.00 $13,000.00
Machill Construction Co. Ada, OK $1,072,000.00 $25,103.00 $33,543.00 $11,384.00 $11,730.00
Pillar Contracting Inc.
Oklahoma City, OK $1,026,000.00 $21,000.00 $12,700.00 $9,000.00 -12,600.00
Rupe Building Company
Tulsa, Ok $985,000.00 $22,000.00 $19,800.00 $26,900.00 -9,000.00
Silvercliffe Construction
Edmond, OK $980,000.00 $24,000.00 $31,000.00 $35,000.00 -1,500.00
Tabcon Inc., Oklahoma City, OK $1,070,000.00 $26,000.00 $17,000.00 $15,000.00 $4,500.00
Westchester Development Co. Shawnee, OK $1,161,314.00 $28,153.00 $19,456.00 $15,101.00 $13,097.00
Wetherbee Electric Inc.,
Oklahoma City, OK - - - - -
Engineer's Estimate-LBR INC $895,731.00 $28,000.00 $35,000.00 $32,000.00 $20,000.00

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

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

AGENDA ITEM NO. 10: 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. 11: Administrative Reports

Utility Director Jim Bierd announced the Oklahoma Water Resource Board meeting February 9, 2010 at 1:30 p.m. The Shawnee Municipal Authority’s application for funding will be considered at that meeting.

City Engineer John Krywicki spoke regarding the geometric study that was done in 2005 by the Oklahoma Department of Transportation regarding an Interstate 40 interchange at Acme Road. This study was not requested by the City of Shawnee and was provided to Commissioner Harrod by a County Commissioner. The report shows traffic counts on Acme Road, north of 45th Street, to be 225 vehicles per day. Mr. Krywicki announced he is meeting with ODOT on Thursday, February 4th to discuss issues involving the Kickapoo Street project and on Friday, February 5th with Director Ridley to discuss I-40 interchange matters.

Fire Chief Jimmy Gibson announced the receipt of a grant to the City which would pay for the installation of sprinklers and alarms for all fire stations. Chief Gibson recognized Deputy Chief Dru Tischer for his successful efforts in obtaining grant awards. Over the past three years the City has received $200,000 in fire department grants.

Don Lynch reported on the ice and snow storm that affected the City this past week. Mr. Lynch reported that all county emergency personnel met on Wednesday prior to the storm’s arrival to coordinate efforts and to ensure that all had been done to prepare for the storm. Mr. Lynch stated that the southern part of Pottawatomie County was affected greater than the Shawnee area. City crews used 125 tons of sand, 150 tons of salt and 400 gallons of calcium chloride on city streets. Mr. Lynch also reported that President Obama signed an emergency declaration which allowed for life saving measures such as food and shelter during the storm. No Presidential emergency declaration for individuals has been received at this time. Mayor Peterson thanked the employees and volunteers for their storm preparedness.

AGENDA ITEM NO. 12: Consider an Executive Session to discuss and possibly enter into a Collective Bargaining Agreement with the IAFF, Local No. 1628, for FY 2009-2010 as authorized by 25 O.S. §307(B)(2).

A motion to enter into Executive Session was made by Commissioner Sims. The City Manager announced that there were no changes to the contract that had not been discussed by the Commission previously. Commission Sims withdrew his motion.

AGENDA ITEM NO. 13: Consider matters discussed in Executive Session regarding entering into a Collective Bargaining Agreement with the IAFF, Local No for FY 2009-2010 as authorized by O.S. §307(B)(2).

Commission did not go into Executive Session.

AGENDA ITEM NO. 14: Consider entering into a Collective Bargaining Agreement with the IAFF, Local No. 1628, for FY 2009-2010

The City Manager announced that the Fire Union has elected to roll the current contract with no monetary changes. Three changes that were agreed upon by the Union and the City are as follows:

1. The IAFF Local No. 1628 is changed to the IAFF Local No. 206.
2. The title of Fire Prevention Officer is now Deputy Fire Marshal
3. Holiday time parody for day shift members

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve the Fire Union contract as presented.

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

AGENDA ITEM NO. 15: Commissioners Comments

Commissioner Harrod addressed Commissioner Sims regarding the scheduling of the Shawnee Lake Committee meeting set for February 10, 2010 in Commission Chambers. Commissioner Harrod stated he would not be available on that date, or any Wednesday. After additional discussion of the issue, Commissioner Sims stated that arrangements would be made at the February 10th meeting to schedule future meetings at a time convenient to Commissioner Harrod.

AGENDA ITEM NO. 16: Adjournment

There being no further business to be considered, a motion was made by Commissioner Holt, seconded by Commissioner Winterringer, that the meeting be adjourned. Motion carried 7-0. (8:20 p.m.)

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




LINDA PETERSON,
MAYOR


(SEAL)

ATTEST:

PHYLLIS LOFTIS,
CITY CLERK

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