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Date: 5/17/2010Board: City CommissionDocumentType: MinutesWeb Posted: 6/10/2010 8:06:31 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
MAY 17, 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, May 17, 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

Pamela Stephens Frank Sims
Commissioner Ward 1 Commissioner Ward 2 – Vice Mayor

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4

John Winterringer Carl Holt
Commissioner Ward 5 Commissioner Ward 6

ABSENT: None

CALL TO ORDER

DECLARATION OF A QUORUM

INVOCATION Reverend Ray Belford

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda:

A motion was made by Commissioner Harrod, seconded by Vice Mayor Sims, to approve the Agenda. Motion carried 7-0.

AYE: Harrod, Sims, Stephens, Peterson, Collier, Winterringer, Holt
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 15.

b. Minutes from the May 3, 2010 meeting.

c. Transfer of Appropriation FY 2009-2010 SMA Fund

d. Budget Amendment Street Improvement Fund to Airport Terminal Parking Lot

e. Budget Amendment FY 2009-2010 ODOC NSP Program Fund

f. Budget Amendment Gifts and Contribution Fund and General Fund

g. Budget Amendment Gifts and Contribution Fund Youth Aviation

h. Budget Amendment Gifts and Contributions Safe Communities

i. Appropriation of Beginning Fund Balance Spay/Neuter Fund 105

j. Budget Amendment CDBG Fund 184

k. Transfer of Appropriations FY 2009-2010 for 2009 CDBG Entitlement Grant Fund

l. Transfer of Appropriation FY 2009-2010 General Fund

m. Acknowledge the following minutes and reports:

• Planning Commission minutes from April 7, 2010
• Shawnee Urban Renewal Authority minutes from April 6, 2010
• Shawnee Civic and Cultural Development Authority minutes from March 18, 2010
• Project Payment report through April 30, 2010
• License Payment report through April 30, 2010

n. Lake Site Lease Transfer:

• Lot 10 Belcher Tract, 15607 Nickens Road
From: M. McQuain and J. McQuain
To: P. Street

o. Approve grant application to the “Edward Byrnes Memorial Local Grant” in the sum of $27,583 for the Shawnee Police Department.

A motion was made by Vice Mayor Sims, seconded by Commissioner Holt, to approve the Consent Agenda (a-o). Motion carried 7-0.

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

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

There was no Citizen Participation

AGENDA ITEM NO. 4: Mayor’s Proclamations:

“Bill Beck Day”
May 17, 2010
Presented by Commissioner Holt
(Accepted by Bill Beck)

“National Safe Boating Week”
May 22-28, 2010
Presented by John Winterringer
(Accepted by Police Chief Frantz)

"National Community Action Month"
May 2010
Presented by Commissioner Harrod
(Accepted by representatives of Central Oklahoma Community Action Agency)

AGENDA ITEM NO. 5: Presentation by Tracy Walker of the Shawnee YMCA on the Woodland Aquatics Center Summer of 2010 Schedule.

Ms. Walker addressed the Commission and announced that the Municipal Pool has been renamed the “Woodland Aquatics Center”. She provided copies of the 2010 pool schedule and highlighted special events. Among those mentioned were Tasty Tuesdays where food will be supplied with every paid admission and Fabulous with Families on Friday where the family rate will be $5.00 for the day and hourly drawings will be held.
Swimming lessons, water aerobics and lap swimming will be available, as well as reservations for public and private parties.
The pool will be open from May 29, 2010 through August 19, 2010.

AGENDA ITEM NO. 6: Public hearing and consideration of an ordinance to rezone property from R-1 to a Planned Unit Development for property located at 1810 E. Highland. Case No. P06-10
(Applicant: Absentee Shawnee Housing Authority)

Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property from R-1 to a Planned Unit Development on property located at 1810 E. Highland. No one appeared to speak in favor or in protest of said rezoning. The Commission reviewed the staff report and noted that this rezoning request had been approved by the Planning Commission with the following variances and conditions:

Requested variations from City standards as part of the PUD as follows:
1. Allowance for six single-family homes to be constructed on a single lot
2. Allowance to use a private road network (the lot does front on a dedicated public street.


Conditions:
1. A final revised PUD Master Plan and Design Statement shall be submitted and signed in accordance with Section 1101.12(B) of the Zoning Code prior to filing of the final plat.
2. Prior to filing the final plat, the applicant shall commence with making the required site improvements in accordance with construction plans approved by the City.
3. All other applicable City standards apply.

A motion was made by Commissioner Harrod, seconded by Vice Mayor Sims, to approve Ordinance No.2434 subject to the variances and conditions as set out above.

Ordinance 2434NS was introduced and read aloud:


ORDINANCE NO. 2434NS ENTITLED – AN ORDINANCE CONCERNING THE ZONING CLASSIFICATON OR THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, TO-WIT: A TRACT OF LAND DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER OF LOT TWENTY-FIVE (25), REMINGTON-BEARD ADDITION TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, THENCE NORTH FOR A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE NORTH RIGHT-OF-WAY LINE OF HIGHLAND AVENUE; THENCE WEST ALONG SAID RIGHT-OF-WAY LINE FOR A DISTANCE OF 175.50 FEET; THENCE NORTH FOR A DISTANCE OF 616.50 FEET TO THE NORTH LINE OF SAID LOT TWNETY-FIVE (25); THENCE EAST FOR A DISTANCE OF 175.50 FEET TO THE EAST LINE OF SAID LOT TWENTY-FIVE (25) THENCE SOUTH ALONG SAID EAST LINE FOR A DISTANCE OF 616.50 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM R-1; SINGLE FAMILY RESIDENTIAL TO “PUD” PLANNED UNIT DEVELOPMENT AMENDING THE OFFICIAL ZONING MAP ACCORDINGLY.
Motion carried 7-0.

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

AGENDA ITEM NO. 7: Consideration of approval of a preliminary plat for Tribal Way Addition located on the N/W corner of Highland and Mead. Case No, S05-10
(Applicant: Absentee Shawnee Housing Authority)

A motion was made by Commissioner Harrod, and seconded by Commissioner Winterringer, to approve the preliminary plat for Tribal Way Addition. Motion carried 7-0

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

AGENDA ITEM NO. 8: Consideration of approval of a preliminary plat for Federal Plaza located on the S/W corner of Kickapoo and Federal. Case No. S03-10 (Applicant: USA/SUPER D/MAY’S/MED-X Drug Stores)

A motion was made by Vice Mayor Sims, seconded by Commissioner Collier, to approve the preliminary plat for Federal Plaza subject to the following four conditions:

1. Final infrastructure plans shall be submitted by the applicant and approved by the City and City Engineer prior to construction.
2. Prior to filing the final plat, the applicant shall commence with making the required and proposed public site improvements in accordance with construction plans approved by the City Engineer or otherwise bond the project in accordance with City code.
3. The final plat shall show all easements/right-of-way acquired as part of the Kickapoo Street Project and shall show a 17 foot right-of-way dedicated along Kickapoo Street.
4. All other applicable City standards apply.

Motion carried 7-0.

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

AGENDA ITEM NO. 9: Consideration of approval of a final plat for Federal Plaza located on the S/W corner of Kickapoo and Federal. Case No, S04-10 (Applicant: USA/SUPER D/MAY’S/MED-X Drug Stores)

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer to approve the final plat for Federal Plaza, subject to the following four conditions.

1. Final infrastructure plans shall be submitted by the applicant and approved by the City and City Engineer prior to construction.
2. Prior to filing the final plat, the applicant shall commence with making the required and proposed public site improvements in accordance with construction plans approved by the City Engineer or otherwise bond the project in accordance with City code.
3. The final plat shall show all easements/right-of-way acquired as part of the Kickapoo Street Project and shall show a 17 foot right-of-way dedicated along Kickapoo Street.
4. All other applicable City standards apply.

Motion carried 7-0.

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

AGENDA ITEM NO. 10: Consider a resolution of support for economic development and affordable housing for the benefit of the citizens of Shawnee, Oklahoma; and support of tax credit award for the construction of affordable housing development in the City of Shawnee, Oklahoma. Deferred from May 3, 2010 meeting

Bobbi Jo Lucas of Cornerstone Associates, LLC came before the Commission to answer any questions associated with this agenda item. Cornerstone Associates, LLC is seeking to obtain possible tax credits from the Oklahoma Housing Finance Agency for new construction of a second phase multi-family apartment development located at 315 S. Kennedy.
Commissioner Harrod, who had requested the deferment from the May 3rd meeting, stated that after speaking with the Shawnee Housing Authority and also through independent research, now believes there is a need for the additional housing.
A motion was made by Vice Mayor Sims, seconded by Commissioner Holt, to approve Resolution No. 6385.
Resolution No. 6385 was introduced and real aloud:


RESOLUTION NO. 6385 ENTITLED - A RESOLUTION OF SUPPORT FOR ECONOMIC DEVELOPMENT AND AFFORDABLE HOUSING FOR THE BENEFIT OF THE CITIZENS OF SHAWNEE, OKLAHOMA; AND SUPPORT OF TAX CREDIT AWARD FOR THE CONSTRUCTION OF AFFORDABLE HOUSING DEVELOPMENT IN THE CITY OF SHAWNEE, OKLAHOMA.


Motion carried 7-0.

Aye: Sims, Holt, Stephens, Harrod, Peterson, Collier, Winterringer
Nay: None


AGENDA ITEM NO. 11: Consider an ordinance amending the fees charged at the municipal cemetery for the purchasing, preparing and closing of grave sites as well as the setting of monuments and markers on lots.

Interim Director of Operations James Bryce spoke to the Commission regarding this item. Increasing fees will allow for future improvements at the cemetery, including a chapel, waiting room and office.
A motion was made by Commissioner Harrod, seconded by Commissioner Stephens to increase cemetery fees to allow for improvements.
Ordinance No. 2435 was introduced and read aloud.

AN ORDINANCE RELATING TO THE FEES SET FOR THE PURCHASE, PREPARATION AND CLOSING OF GRAVE SITES AND SETTING OF MONUMENTS AND MARKERS ON LOTS IN THE MUNICIPAL CEMETERY; AMENDING SECION 10-9, CHAPTER 10 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; SETTING THE FEES FOR PURCHASING CEMETERY LOTS; AMENDING SECTION 10-11 OF CHAPTER 10 OF THE CODE OF THE CITYOF SHAWNEE; AMENDING THE PREPARATION AND CLOSING OF GRAVES, FEES FOR THE MUNICIPAL CEMETERY; AMENDING SECTION 10-13 OF CHAPTER 10 OF THE CODE OF THE CITY OF SHAWNEE; CREATING A NEW SUB-SECTION (k), ESTABLISHING A SETTING FEE FOR ALL MONUMENTS AND MARKERS IN THE MUNICIPAL CEMETERY; PROVIDING FOR SEVERABIILITY AND DECLARING AN EMERGENCY.

Motion carried 7-0.

Aye: Harrod, Stephens, Sims, Peterson, Collier, Winterringer, Holt
Nay: None

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to approve Section 5, the emergency clause. Motion carried 7-0.

Aye: Harrod, Winterringer, Holt, Stephens, Sims, Peterson, Collier
Nay: None


AGENDA ITEM NO. 12: Acknowledge Sales Tax Report through April 2010.

Interim Finance Director Stephen Nolen reported that the latest sales tax report shows an increase in revenues of 4.11%. Mr. Nolen stated that he is hopeful this trend continues but staff will continue to monitor revenues closely. He also indicated that for budgeting purposes, the City is projecting flat revenues for the upcoming fiscal year.

AGENDA ITEM NO. 13: Consider Agreement Number AFJ-FN-CSA-10-0752 between the Department of Transportation Federal Aviation Administration and the City of Shawnee, Oklahoma.

Assistant Airport Manager Rex Hennen explained that the FAA is requiring this item be signed before we can move forward with construction grants. Mr. Hennen indicated that the Airport would need to provide $108,000 as up-front costs but would be reimbursed 95% of this amount when the construction grant is approved.
A motion was made by Vice Mayor Sims, seconded by Commissioner Collier, to approved Agreement Number AFJ-FN-CSA-10-0752 with the Department of Transportation Federal Aviation Administration. Motion carried 7-0.

Aye: Sims Collier, Winterringer, Holt, Stephens, Harrod, Peterson
Nay: None


AGENDA ITEM NO. 14: Consider Change Order No.1 to Contract No. COS-PW-09-01, EDA Award No. 08-01-04405, OAC Project No. SNL-10-S, Shawnee Regional Airport Terminal Building.

Commission Harrod stated that he would like to approve change order items numbered, 1, 3, 4 and 5 as follows:

1. Provide canton brand engineered stone in lieu of the specified Coronado Stone Products. Deduct: $2,780.
3. Provide Montage Powder coated ornamental fence in lieu of the Aluminum Jerith Ornament Fence (maintain specific warranty). Deduct: $5,653.
4. Provide clear anodized aluminum for all aluminum entries, spandrel glazing, windows, and storefront. Deduct: 6,500.
5. Provide Designweave Carpet in lieu of specified Shaw Carpet and provide Mediterranea Ceramic tile in lieu of specified Daltile. Deduct: $5,125.

Commission Harrod indicated that the $3,000 deduct amount for item number 2, an alternate lighting package, does not warrant enough savings and therefore requested that this item stay at the original bid price.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier to approve change order items 1, 3, 4 and 5 as listed above and to keep change order item 2 as per the original bid documents. Motion carried 7-0.

Aye: Harrod, Collier, Winterringer, Holt, Stephens, Sims, Peterson
Nay: None

AGENDA ITEM NO. 15: Consider Bids:

a. Skid Steer Loader for Streets Division Contract No. COS-PW-03-09 (Open)

City Engineer John Krywicki read the following received bids for Skid Steer Loader for Streets Division Contract No. COS-PW-03 into the record:


BIDDER AMOUNT


G & R EQUIPMENT CO / BOBCAT OF OKC 25,692.00
OKLAHOMA CITY, OK

WARREN CAT 35,360.00 OKLAHOMA CITY, OK

OCT EQUIPMENT LLC 36,697.36
OKLAHOMA CITY, OK

OCT EQUIPMENT LLC (ALTERNATE BID) 32,398.33
OKLAHOMA CITY, OK


Mr. Krywicki reported that $29,213.00 was budgeted for this item; and further requests that this item be deferred until the June 7, 2010 meeting to allow staff time to review the bids.
A motion was made by Vice Mayor Sims and seconded by Commissioner Collier, to defer this item until the June 7, 2010 meeting. Motion carried 7-0.

Aye: Sims, Collier, Winterringer, Holt, Stephens, Harrod, Peterson
Nay: None

b. Pavement Crack Sealer Machine for Streets Division Contract No. COS-PW-09-02 (Open)

PAVING MAINTENANCE SUPPLY INC 57,095.00
EDMOND, OK

Mr. Krywicki requested that this item be tabled and rebid at a future date, citing the fact that only one bid was received and that it exceeds the budgeted amount of $46,000. A motion was made by Commissioner Harrod, seconded by Vice Mayor Sims, to table the bid for the Pavement Crack Sealer Machine until further notice. Motion carried 7-0.

Aye: Harrod, Sims, Stephens, Peterson, Collier, Winterringer, Holt
Nay: None

c. Shawnee Twin Lakes Raw Water Transmission Line Contract No. SMA-09-04. DWSRF Project No. P-40-1020504-01 (Open)

City Engineer John Krywicki read the following bids for the Shawnee Twin Lakes Raw Water Transmission Line Contract No. SMA-09-04, Project No. P-40-1020504-01 into the record:

BIDDER AMOUNT

UNITED TRENCHING INC 10,717,890.00
MUSTANG, OK

FENTON EXCAVATING & CONSTRUCTION 11,490,875.00
CHESTERFIELD, MI

MATTHEWS TRENCHING CO INC 8,675,650.00
OKLAHOMA CITY, OK

KRAUS CONSTRUCTION CO LLC 6,714,915.00
FT. SMITH, AR

MCKEE UTILITY CONTRACTORS INC 9,025,096.25
PRAGUE, OK

MCGUIRE BROTHERS CONSTRUCTION INC 6,702,766.00
TULSA, OK

NORTH TEXAS CONTRACTING INC 6,904,255.00
KELLER, TX

KRAPFF-REYNOLDS CONST CO 7,612,780.00
OKLAHOMA CITY, OK

REDFORD CONSTRUCTION INC 8,183,425.00
RAYMORE, MO

S & J CONSTRUCTION CO INC 7,938,190.51
JACKSONVILLE, AR

SHERWOOD CONSTRUCTION INC 8,010,075.00
CATOOSA, OK

NOWAK CONSTRUCTION CO INC 7,884,273.75
GODDARD, KS

MERRYMAN EXCAVATION 6,670,252.00
WOODSTOCK, IL

EUTAW CONSTRUCTION CO INC 7,933,955.13
ABERDEEN, MS

WRIGHT CONSTRUCTION 7,276,114.78
GRAPEVINE, TX

S. J. LOUIS CONTRUCTION TEXAS, LTD 7,176,354.20
MANSFIELD, TX

Mr. Krywicki requested that the bid award be deferred until the June 7, 2010 meeting to allow staff time to review the bids.
Motion was made by Vice Mayor Sims, seconded by Commissioner Winterringer to defer this item until the June 7, 2010 meeting. Motion carried 7-0

Aye: Sims, Winterringer, Holt, Stephens, Harrod, Petersons, Collier
Nay: None

AGENDA ITEM NO. 16: 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. 17: Administrative Reports

Emergency Management Director Don Lynch reported on the storm damage in the area from the May 10th tornadoes. As to losses reported within the city limits, the Shawnee Twin Lakes area received substantial damage, including many homes, the tornado warning siren located at Homer and Patterson roads and two boat docks at Shawnee Twin Lakes. Pottawatomie County received major damage as well, with the City of Tecumseh and the Earlsboro area being hardest hit. The Red Cross, Salvation Army and many churches have provided support to residents. It was noted by Mr. Lynch that there were many City of Shawnee employees affected by the tornadoes. At this time, a Presidential Disaster Declaration has been requested by Governor Henry, but is still pending.
Interim Director of Operations James Bryce announced the VFW Memorial Day celebration at Fairview Cemetery on May 29th at 11:00 a.m.
He also addressed locations at the lake that have been designated as drop-off sites for limb debris. This program will be in effect Friday, Saturday and Sunday for the next three weeks. Further, Central Disposal will allow residents to use their landfill at this time with proof of residence.
Utility Director Jim Bierd spoke regarding the wind storm that occurred in the early morning of May 13th. The roof of the Public Works Building was partially removed and most of the offices upstairs were flooded. The city’s insurance carrier has contracted with a company that is doing the clean-up of the building and drying all areas that were flooded or wet. A structural engineer will be examining the building within the next few days and employees are moving into mobile offices for the time being.
Mr. Bierd also reported that the May 10th tornado destroyed meters at Shawnee Twin Lakes and the SCADA system, which relays readings from the lake to the water plant.
City Manager Brian McDougal stated that the Finance Director position had been offered and accepted by Cynthia Sementelli of Jupiter, Florida.

AGENDA ITEM NO. 18: Commissioners Comments

Vice Mayor Sims stated that Dorothy Cooks invited Commissions to ride in the Juneteenth parade. More information will be provided.

AGENDA ITEM NO. 19: Consider an Executive Session to discuss status of Collective Bargaining Agreement with the IAFF, Local No. 206, for FY 2010-2011 as authorized by 25 O.S. §307(B)(2).

City Manager McDougal announced that he had not heard back from the IAFF at this time, therefore, the Executive Session would not be needed.

AGENDA ITEM NO. 20: Consider matters discussed in Executive Session regarding status of Collective Bargaining Agreement with the IUPA, Local No. 206 for FY 2010-2011 as authorized by O.S. §307(B)(2).

The Commission did not enter into an Executive Session.

AGENDA ITEM NO. 21: Adjournment

There being no further business to be considered, a motion was made by Vice Mayor Sims, seconded by Commissioner Collier, that the meeting be adjourned. Motion carried 7-0. (8:05 p.m.)

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



LINDA PETERSON,
MAYOR




(SEAL)

ATTEST:

PHYLLIS LOFTIS, CITY CLERK

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