BOARD OF CITY COMMISSIONERS PROCEEDINGS
NOVEMBER 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, November 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
Absent Frank Sims
Commissioner Ward 1 Commissioner Ward 2 – Vice Mayor
James Harrod Absent
Commissioner Ward 3 Commissioner Ward 4
John Winterringer Carl Holt
Commissioner Ward 5 Commissioner Ward 6
ABSENT: Pam Stephens, Billy Collier
CALL TO ORDER
DECLARATION OF A QUORUM
INVOCATION Rev. Ray Belford
First Christian Church
AGENDA ITEM NO. 1: Consider approval of Agenda:
A motion was made by Commissioner Harrod, seconded by Commissioner
Winterringer, to approve the Agenda. Motion carried 5-0.
AYE: Harrod, Winterringer, Holt. Sims, Peterson
AGENDA ITEM NO. 2: Consider approval of Consent Agenda
a. Minutes from the October 18, 2010 meeting.
b. Budget amendment in the General Fund to adjust budget for insurance checks and additional roll overs.
c. Budget amendment in SMA to reflect insurance money to purchase a new vehicle and to roll over yield study.
d. Budget Amendment in Capital Fund 302 for encumbrances from last year that were closed and re-opened this year and new projects.
e. Budget Amendment in Capital Fund 301.
f. Acknowledge the following minutes and reports:
• Shawnee Civic and Cultural Development Authority minutes from September 16, 2010
• Traffic Commission minutes from March 23, 2010
• Wes Watkins Oversight Committee Meeting minutes from September 23, 2010
g. Acknowledge Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Defined contribution plan for Calvin Wilson.
h. Approve City Commission and Related Authorities meeting dates for 2011.
i. Acknowledge receipt of application from Ron Duffell for Traffic Commission appointment.
j. Traffic Commission Board Recommendations:
A. Consideration of appointment of Vice Chairman to Traffic Commission by member of Traffic Commission Board.
BOARD RECOMMENDATION: Board recommends Kelly Mallory be Vice Chairman of Traffic Commission.
STAFF RECOMMENDATION: No recommendation required from staff.
B. Consideration of request from staff for approval of the 2011 Calendar Year Schedule of Regular Meetings for the Traffic Commission.
BOARD RECOMMENDATION: Board recommends to approve request.
STAFF RECOMMENDATION: Staff recommends to approve request.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Sims, to approve the Consent Agenda (a – j). Motion carried 5-0.
AYE: Harrod, Sims, Peterson, Winterringer, Holt
AGENDA ITEM NO. 3: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)
Steve Buoy, of Buoy Brothers Construction, spoke regarding an agenda item that is recommending to rescind his contract award for construction of a metal building at the City’s Public Works location. This recommendation is due to Mr. Buoy’s failure to provide required documentation within the specified time frame. Mr. Buoy stated that he had attached his insurance person’s business card to the contract so that the City could verify bonds and insurance.
AGENDA ITEM NO. 4: City Manager’s presentation to Employee of the Month, Dan Shumaker of the Police Department.
Mr. Shumaker was present and accepted a plaque and gift certificate from the City Manager.
AGENDA ITEM NO. 5: Presentation by George Wise, President of the Shawnee Twin Lakes Trap Club Inc. LLC.
Mr. Wise advised the Commission that the Shawnee Twin Lakes Trap Club was established in 1980 with city funds and private donations. The trap club is open Thursday nights from March through October, and every weekend. Shooting matches are frequently held with contestants coming here from other states. Mr. Wise informed the Commission that this trap club is only one of three facilities in this area of the state. He assured the Commission that they welcome public participation and would like to see more involvement with 4-H clubs, Boy Scouts, etc. Commissioner Harrod questioned what the City’s actual costs regarding the lease in question.
AGENDA ITEM NO. 6: Discussion and consideration of lease agreement with Shawnee Twin Lakes Trap Club Inc. LLC.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Sims, to table the consideration of the lease agreement to obtain information regarding costs and to allow Commissioner Collier to participate in the vote. Motion carried 5-0.
AYE: Harrod, Sims, Peterson, Winterringer, Holt
AGENDA ITEM NO. 7: Consider a resolution regarding traffic signalization at State Highway 177 and Acme Road.
City Engineer John Krywicki explained that the Oklahoma Department of Transportation has conducted traffic studies at this intersection and has determined that this intersection meets warrants for signalization. Upon completion of the project, the City of Shawnee will provide all maintenance and operation costs associated with the traffic signal.
A motion was made by Vice Mayor Sims, seconded by Commissioner Winterringer, to approve Resolution No. 6394.
Resolution No. 6394 was then introduced and read into the record.
RESOLUTION NO. 6394
A RESOLUTION REQUESTING THE STATE TRANSPORTATION COMMISSION TO CONCUR IN THE PROGRAMMING AND SELECTION OF TRAFFIC SIGNAL PROJECT FOR CONSTRUCTION AND SUBMIT THE SAME TO THE FEDERAL HIGHWAY ADMINISTRATION FOR APPROVAL; AND SETTING FORTH AGREEMENT OF THE CITY.
Motion carried 4-1.
AYE: Sims, Winterringer, Holt, Peterson
AGENDA ITEM NO. 8: Discuss and consider rescinding contract awarded on October 4, 2010, for Metal Storage Building located at Public Works, building to be shared by Police Department and Street Department.
City Engineer John Krywicki gave Commissioners background information on this project, including dates that executed contracts, bids and insurance certificates were due. Further, when this contract was awarded to Mr. Buoy, there were contingencies attached to the motion to award to Buoy Brothers Construction which required Mr. Buoy to complete prior City jobs begun, but left uncompleted. Mr. Krywicki also noted that, to date, Mr. Buoy had not contacted either the City Clerk’s office or the Expo Center regarding completion of the unfinished work.
Mr. Buoy was invited to the podium where he again stated that the City could have checked on his bonds and insurance from his insurance agent. He further indicated that the insurance certificate was on file in the Planning Department.
A motion was made by Vice Mayor Sims, seconded by Commissioner Harrod, to allow Buoy Brothers to retain the bid award subject to production of the necessary documentation within seven (7) business days; failure to comply will result in the contract being rebid or given to the next lowest bidder. It was further stressed in Vice Mayor Sims motion that the requirement of completing unfinished city projects is still in effect. Motion carried5-0.
AYE: Sims, Harrod, Peterson, Winterringer, Holt
AGENDA ITEM NO. 9: Consider offer from Yale Oil Association to lease mineral rights from City owned property near Shawnee Twin Lakes.
Oil and Gas Inspector Don Lynch addressed the Commission regarding this item. Mr. Lynch did extensive research regarding the leasing of mineral rights around or near lakes/water supplies and recommends that the City Commission decline the offer from Yale Oil Association. A motion was made by Commissioner Harrod, seconded by Vice Mayor Sims, to approve staff’s recommendation and decline the offer from Yale Oil Association. Motion carried 5-0.
AYE: Harrod, Sims, Peterson, Winterringer, Holt
AGENDA ITEM NO. 10: Consider acceptance of improvements for the plat of The Timbers III and place maintenance bonds into effect.
Community Development Director Justin Erickson informed Commissioners that all conditions have been met and recommended acceptance of the improvements for the plat of the Timbers III and place maintenance bonds into effect.
A motion was made by Commissioner Harrod , seconded by Commissioner Winterringer, to approve staff’s recommendation of acceptance of the improvements for the plat of The Timbers III and to place maintenance bonds into effect. Motion carried 5-0.
AYE: Harrod, Winterringer, Holt, Sims, Peterson
AGENDA ITEM NO. 11: Consider Bids:
a. Purchase and Installation of Carpet and Tile for the Shawnee Senior Center (Award)
Interim Director of Operations James Bryce stated that one bid had been received for this project and upon additional review of the bid, recommended that it be awarded to Jon Thompson Tile in the amount of $43,870. Mr. Bryce also recommends that the add alternate of $2,000 be accepted, making the total project price $45,870.00. A motion was made by Vice Mayor Sims, seconded by Commissioner Holt, to award the Purchase and Installation of Carpet and Tile for the Shawnee Senior Center to Jon Thompson Tile in the total amount of $45,870. Motion carried 5-0
AYE: Sims, Holt, Harrod, Peterson, Winterringer
AGENDA ITEM NO. 12: New Business (Any matter not known about or which could not have been reasonably foreseen prior to the posting of the agenda)
Under New Business, City Manager Brian McDougal reported that during the loan closing on the purchase of property located at 217 N. Beard, a dispute arose regarding the total price of the property. The seller believed the earnest money held in escrow in the amount of $1,000 should be forfeited due to the 30 day expiration clause in the contract. At the October 18, 2010 Commission meeting, the City Manager had been directed by the Commission to purchase the property for $126,000, therefore he did not feel he had the authority to raise the amount given to the seller without the Commission’s authorization.
A motion was made by Vice Mayor Sims, seconded by Commissioner Winterringer, to modify the purchase price of the property at 217 N. Beard to $127,000. Motion carried.
AYE: Sims, Winterringer, Holt, Harrod, Peterson
COMMISSIONER WINTERRINGER LEAVES AT 7:45 P.M.
AGENDA ITEM NO. 13: Administrative Reports.
City Manager McDougal had been asked by the Commission to provide an Administrative Report regarding the collections for the last quarter in Municipal Court. Mr. McDougal related that revenues are down 5.6% over last year, even though court fines were increased in May. The City of Shawnee estimated an increase of $250,000 in the current fiscal year due to the fine increases. It was noted that there have been 240 less citations written this year than in the same time period last year, which would account for some of the revenue loss.
Mr. McDougal also noted that 47.34% of all fines issued are placed on payment plans or given an extension of time to pay, which further accounts for decreased revenues.
Justin Erickson also gave an Administrative Report regarding residents parking on their front yards. Mr. Erickson intends to have an ordinance prohibiting this practice prepared for the Commission’s review prior to the next City Commission meeting. He noted that with only one Code Enforcement Officer and with violations usually occurring in the evenings, enforcement of the ordinance may be difficult. Mr. Erickson further suggested that a public hearing could be set for citizens’ input.
AGENDA ITEM NO. 14: Commissioners Comments
Commissioner Holt stated that this is his last full meeting as a City Commissioner, and that he is not sure whether he will be attending the November 15th meeting. Commissioner Holt thanked City staff, fellow Commissioners and the residents of Ward Six for their help and support during his years on the Commission.
Mayor Peterson stated that she had enjoyed working with Commissioner Holt, and felt he had represented the City of Shawnee and his ward very well.
Vice Mayor Sims echoed the Mayor’s appreciation to Commissioner Holt and thanked him for his service. The Vice Mayor also urged citizens to vote in tomorrow’s elections.
Commissioner Harrod stated he also appreciated working with Commissioner Holt. Commissioner Harrod also questioned the Chief of Police regarding a recent series of car windows being shot out. Chief Frantz responded that there had been reports in several neighborhoods recently.
AGENDA ITEM NO. 15 : Adjournment
There being no further business before the Commission, a motion was made by Commissioner Sims, seconded by Commissioner Holt to adjourn. Motion carried 4-0. (8:09 p.m.)
AYE: Sims, Holt, Harrod, Peterson
Linda Peterson, Mayor
Phyllis Loftis, City Clerk
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