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Date: 7/19/2010Board: City CommissionDocumentType: MinutesWeb Posted: 8/4/2010 11:59:14 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
JULY 19, 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, July 19, 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

Absent Billy Collier
Commissioner Ward 3 Commissioner Ward 4

John Winterringer Carl Holt
Commissioner Ward 5 Commissioner Ward 6

ABSENT: James Harrod

CALL TO ORDER

DECLARATION OF A QUORUM

INVOCATION Fire Chief Jimmy Gibson

FLAG SALUTE




AGENDA ITEM NO. 1:
Consider recess of Board of City Commissioners to convene Shawnee Municipal Authority.

A motion was made by Commissioner Holt, seconded by Commissioner Collier, to recess the Board of Commissioners meeting and convene the Shawnee Airport Authority. Motion carried 6-0 (6:35 p.m.)

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


AGENDA ITEM NO. 2: Consider reconvening Board of City Commissioners.

A motion was made by Commissioner Collier, seconded by Commissioner Winterringer to reconvene the Board of City Commissioners meeting. Motion carried 6-0. (6:41 p.m.)

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

AGENDA ITEM NO. 3: Consider approval of Agenda

A motion was made by Commissioner Stephens, seconded by Vice Mayor Sims to approve the Agenda. Motion carried 6-0.

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

AGENDA ITEM NO. 4: 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 10.

b. Minutes from the July 6, 2010 meeting.

c. Budget Amendment FY 10-11 HOME Rehab Program Income

d. Budget Amendment FY10-11 2009 CDBG Entitlement Grant Fund

e. Budget Amendment FY10-11 2004 CDBG Entitlement Grant Fund

f. Budget Amendment FY10-11 2005 CDBG Entitlement Grant Fund

g. Budget Amendment FY10-11 2006 CDBG Entitlement Grant Fund

h. Budget Amendment FY10-11 2007 CDBG Entitlement Grant Fund

i. Budget Amendment FY10-11 2008 CDBG Entitlement Grant Fund

j. Budget Amendment FY10-11 2008 CDBG-R Recovery Act Funding

k. Budget Amendment FY10-11 ODOC NSP Program Fund

l. Acknowledge the following minutes and reports:

• Planning Commission minutes from May 5, 2010
• Project Payment Report June 1-30, 2010
• License Payment Report June 1-30, 2010

m. Authorize staff to accept bids for purchase of a water rescue boat.

n. Authorize staff to accept bids for the replacement of bearings and seals for two trickling filters at the Southside Wastewater Treatment Plant.

o. Authorize staff to accept bids for annual pipe bursting.

p. Authorize purchase of seven (7) new 2010 Crown Victoria vehicles from the state contract price of $21,568.65 each for the police department.

q. Lake Site Lease Transfer:
• Lot 9 Magnino A Tract, 17320 Magnino Road
From: S. Smith and N. Smith
To: B. Wooldridge Revocable Trust

r. Acknowledge receipt of DEQ Permit No. SL000063100351 for 836 linear feet of eight inch PVC SDR-35 sanitary sewer line to serve the Unity Medical Plaza II.

s. Acknowledge receipt of DEQ Permit No. WL000063100350 for 800 linear feet of eight inch PVC waterline to serve the Unity Medical Plaza II.

t. Confirm action taken by Shawnee Airport Authority on SAA Agenda Item Number 4 regarding a Short Term Loan from Shawnee Industrial Authority for FAA Agreement Number AJW-FN-CSA-10-0752.

u. Acknowledge Mayor’s re-appointment of Dennis Morris to the Board of Adjustment Zoning, 2nd full term to expire 6/1/2013.

v. Acknowledge receipt of applications for boards and/or committees as listed:

Tom Bierd Board of Adjustment Zoning
Linda Malley Beautification Committee
Paul Malley Beautification Committee

A motion was made by Vice Mayor Sims, seconded by Commissioner Holt, to approved the Consent Agenda as listed. Motion carried.

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

AGENDA ITEM NO. 5: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)

Mr. Jim Sims addressed the Commission stating that he wants to work together with the city to accomplish A.D.A goals. He requested that things be done right the first time, which will ultimately save the City money.

AGENDA ITEM NO. 6: Presentation by Rep. Kris Steele to Roland Blake for heroism and bravery in saving the life of Ronnie Roets.


State Representative Kris Steele presented a citation to Mr. Roland Blake on behalf of Oklahoma State House of Representatives, Lieutenant Governor Jari Askins, and Governor Brad Henry which honors Mr. Blake for his bravery and heroism for risking his own life to save the life of Ronnie Roets. Ronnie Roets was trapped in a drainage area filled with rising water and was at risk of drowning. Mr. Blake was present to accept the citation from Rep. Steele. The Roets family was also in attendance and presented Mr. Blake with a plaque to show their appreciation as well.

AGENDA ITEM NO. 7: Presentation of basketball jersey from the Oklahoma Baptist University Men’s Bison Basketball team, winners of the NAIA National Championship for 2010, to the City of Shawnee.

Commissioner John Winterringer displayed a framed and signed basketball jersey which will be on display in the lobby of City Hall.

AGENDA ITEM NO. 8: Consider approval of final plat for Tribal Way Addition located at the northwest corner of Highland and Mead Street. Case #S06-10
(Applicant: Absentee Shawnee Housing Authority)

A motion was made by Commissioner Stephens, seconded by Vice Mayor Sims to approve the final plat for the Tribal Way Addition, subject to the following conditions:

a. Prior to commencing infrastructure improvements, the applicant must have approved engineering/construction plans from the Oklahoma Department of Environmental Quality (DEQ)
b. Prior to filing the final plat, the applicant shall commence with making the required and proposed public site improvements in accordance with the construction plans approved by the City Engineer or otherwise bond the project in accordance with City code.
c. All other applicable City standards apply.

Motion carried.

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

AGENDA ITEM NO. 9: Acknowledge Sales Tax Report of June 2010

Finance Director Cindy Sementelli addressed the Commission regarding the most recent sales tax report. The report shows a decrease of $56,467 in sales tax revenues over the same time period last year. Further, it reflects a $55,024 budget projection deficit.

AGENDA ITEM NO. 10: Consider Bids.

a. Shawnee Lake No. 2 Intake Tower Valve Replacements DWSRF
Project N; P40-102050-01 (Open)

Bid opening (b) was considered prior to consideration of bid opening (a).

b. Emergency Cleanup of Storm Debris COS-EM-01 (Open and Consider Possible Award)

Emergency Management Technician Jennifer Dawson addressed the Commission and noted that five bids were received and were read into the record:

Bidder Amount

Young’s General Contracting, Inc. $61,500
Poplar Bluff, MO

GNG Services $73,536
Shawnee, OK

Arbor Masters Tree Service $48,372
Oklahoma City, OK


SRS, Inc. $99,879
Mobile, AL

Disaster Recovery Group $114,900
Arden, NC

In response to a question from Vice Mayor Sims, City Attorney John Canavan confirmed that this bid could be awarded in the current meeting to the low bidder, with the contingency that the low bidder has met all the City’s bid specifications. In the event that the low bidder has not met the required specifications, a special call meeting can be held to discuss alternative bids.
A motion was made by Vice Mayor Sims, seconded by Commissioner Stephens, to award the bid for the Emergency Cleanup of Storm Debris to Arbor Masters Tree Service as the low bidder, contingent upon all City bid specifications being met. Motion carried.

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

In reference to bid item (a), Shawnee Lake No. 2 Intake Tower Valve Replacements, three bids were received and were read into the record by City Engineer John Krywicki:

Bidder Amount

Urban Contractors, Inc. $163,500.00
Oklahoma City, OK

Sherwood Construction Co., Inc. $196,355.00
Shawnee, OK

PNT Services, Inc. $180,187.30

Mr. Krywicki requested that the bid award be deferred until the next regular City Commission to allow staff time to review.
A motion was made by Vice Mayor Sims, seconded by Commissioner Collier, to approve deferring the bid award to the August 2, 2010 meeting. Motion carried.

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


AGENDA ITEM NO, 11: New Business

There was no new business.

AGENDA ITEM NO. 12: Administrative Reports

City Engineer John Krywicki reported on items that will be on the next Commission agenda for consideration. Among those items will be an ordinance adopting new flood plain maps, a request to solicit proposals for a city-wide analysis of drainage and water run-off and discussion regarding the development of a storm water utility fee. Further, there will be an item for consideration of a new position of Project Manager. This person will oversee the installation of the 30” water line and will also be used on other projects, as well as water and sewer line inspections.

City Manager Brian McDougal announced that all non-union, general fund employees will be taking a furlough on July 30, 2010. On this date, City Hall and the annex building will be closed to the public.

AGENDA ITEM NO. 13: Commissioners Comments

Commissioner Holt requested that citizens refrain from parking on the street during trash pickup days. He has witnessed the garbage truck drivers have to leave their vehicle and move the polycart in order to empty it.
It was also noted that the recycling center is now open 24 hours, seven days per week, although it is only manned during regular business hours.

Commissioner Stephens requested staff look into the preparation of an ordinance that would prevent persons from parking cars, boats, etc. in yards or other non-hard surface areas.

Vice Mayor Sims made the following statements:

a. That he would like to see nuisance abatement procedures expedited.
b. He would like staff to prepare a job description for a lake ranger and to see if any of our current police officers would be interested in the position.
c. He would like an estimate of costs for construction of six boat slips and one additional slip for the police boat at Shawnee Twin Lakes.
d. He would like an estimate of costs to repair docks damaged in the May storms.
e. He also requested that the trees that have been removed from City Hall be replaced and other landscaping done around City Hall.

In conclusion, he provided other Commissioners and staff with a copy of a guest editorial written some years ago by Marion McMillan. The editorial addresses the issue of attitude and Vice Mayor Sims requested that it be republished in the Shawnee News Star and the Countywide News.

Mayor Linda Peterson thanked staff and volunteers for their work during the International Youth Rodeo held at the Expo Center last week.

AGENDA ITEM NO. 14: Consider an Executive Session regarding pending litigation in the cases of Shawnee v. John H. Clark, et al., Case No. C-09-1737, and City of Shawnee v. Diana Coffman Trust dated 9/12/00 et al., Case No. C-09-1736 both cases filed in the District Court of Pottawatomie County, Oklahoma, as authorized by 25 O.S. §307(B)(4)

A motion was made by Commissioner Stephens, seconded by Commissioner Winterringer, to enter into Executive Session for discussion of this matter. Motion carried.


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

AGENDA ITEM NO. 15: Consider an Executive Session to discuss potential litigation regarding flooding issues at 30 E. Severn as authorized by 25 O.S. §307(B)(4)

A motion was made by Commissioner Stephens, seconded by Vice Mayor Sims, to enter into Executive Session for discussion of this matter. Motion carried.

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

CITY COMMISSION NOW IN EXECUTIVE SESSION (7:35 p.m.)

CITY COMMISSION NOW RECONVENES REGULAR SESSION WITH ALL COMMISSIONERS PRESENT (8:33 p.m.)

AGENDA ITEM NO. 16: Consider matters discussed in Executive Session regarding pending litigation in the cases of Shawnee v. John H. Clark, et al., Case No. C-09-1737, and City of Shawnee v. Diana Coffman Trust dated 9/12/00 et al., Case No. C-09-1736 both cases filed in the District Court of Pottawatomie County, Oklahoma, as authorized by 25 O.S. §307(B)(4)

A motion was made by Commissioner Stephens, seconded by Vice Mayor Sims, to reject the offer in the City of Shawnee v. Diana Coffman Trust, Case No. C-09-1736. Motion carried.

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

AGENDA ITEM NO. 17: Consider matters discussed in Executive Session relating to potential litigation regarding flooding issues at 30 E. Severn as authorized by 25 O.S. §307(B)(4)

No action taken.


AGENDA ITEM NO. 18: Adjournment

There being no further business to come before the Commission, a motion was made by Vice Mayor Sims, seconded by Commissioner Winterringer, to adjourn. Motion carried (8:35)

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


_____________________________
LINDA PETERSON, MAYOR

ATTEST:

_______________________
PHYLLIS LOFTIS
CITY CLERK

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