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Date: 5/2/2011Board: City CommissionDocumentType: MinutesWeb Posted: 5/17/2011 8:42:34 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
MAY 2, 2011 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 2, 2011 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 Billy Collier
Commissioner Ward 3 Commissioner Ward 4

John Winterringer Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: Pam Stephens

INVOCATION REV. DAVID HENRY
CALVARY BAPTIST CHURCH

FLAG SALUTE

AGENDA ITEM NO. 1: Commission Appointment of a Vice Mayor (per Article III, Section 6 of the City Charter).

A motion was made by Commissioner Harrod, seconded by Vice Mayor Sims, to approve the appointment of Commissioner Billy Collier as Vice Mayor. Motion carried 6-0.

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


AGENDA ITEM NO. 2: Consider approval of Agenda.

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

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

AGENDA ITEM NO. 3: 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 April 18, 2011 regular meeting.

c. Acknowledge the following minutes and reports:

• License Payment Report through 3/31/2011
• Project Payment Report through 3/31/2011
• Shawnee Civic and Cultural Development Authority minutes from March 17, 2011

d. Acknowledge Mayor’s Appointments:

Planning Commission
Taylor Prince 1st Full Term Expires 6/1/2014
Carl Holt 1st Full Term Expires 6/1/2014

Reappointment – Planning Commission
Kirk Hoster 2nd Full Term Expires 6/1/2014
Shawna Turner 2nd Full Term Expires 6/1/2014
Brad Carter 2nd Full Term Expires 6/1/2014

e. Approve purchase of dispatch consoles from the state contract at a cost of $28,207.38 and approve Budget Amendment of $30,000.00 from E-911 Fund to Capital Outlay to cover cost.

f. Lake Site Lease Transfers and Renewal:

Transfers:

• Lot 8 Magnino A Tract, 17230 Magnino Road
From: R. and M.J. Stucker
To: H. Miller

• Lot 7 Damron Tract, 33811 Belcher Road
From: M. Wolf
To: E. Holloman

Renewal:

• Lot 15 Magnino A Tract, 17316 Magnino Road
E. Hawkins

g. Approve agreement with Excel Auctions, LLC to auction City of Shawnee surplus property.

h. Consider Acceptance of the Bill Madole Easement for the SMA Raw Water Transmission Line Project.

i. Approve contract with Municipal Solutions regarding job classification and benefits study.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve the Consent Agenda Items a – i. Motion carried 6-0.

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


AGENDA ITEM NO. 4: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)



Ms. Roberta Mendonca, of Go Rail Service, addressed the Commission with her concerns regarding potential legislation that would allow increased truck weights on our highways. She listed as negative impacts safety, infrastructure and the decreasing use of rail service. She asked the Commission to consider passing a resolution in opposition to this proposed legislation and sending the resolution to our state and federal legislators.

Mr. Inman Doakes spoke in opposition of the proposed closing of S. Broadway Street, between 7th and Farrall.
Ms. Jeanetta Townes also addressed the Commission regarding her opposition of the street closing.

AGENDA ITEM NO. 5: Mayor’s Proclamation:

“Family Promise Week”
May 8-14, 2011

Mayor Peterson presented the Family Promise Week Proclamation to Peggy Johnson and David Henry.

Commission deviates from the written agenda and addresses Agenda Item No. 7 prior to Agenda Item No. 6.

AGENDA ITEM NO. 7: Consider a resolution authorizing public auction of City of Shawnee surplus property, as listed.

Resolution No. 6403 was introduced and the title read aloud.

RESOLUTION NO. 6403 ENTITLED: “A RESOLUTION DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY SURPLUS AND NO LONGER NEEDED FOR CITY PURPOSES; DESCRIBING SAID ITEMS; AND AUTHORIZING THE SALE OF SAID ITEMS BY CITY AUCTION.”

Interim Director of Operations James Bryce stated that the auctioneer will take pictures of the fixtures of the Al & James building which will be sold at auction and have them available for public inspection prior to the auction. All other city owned items to be auctioned will be available on site at the Expo Center at the time of the auction.
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve Resolution No. 6403 authorizing public auction of City of Shawnee surplus property, as listed.

Motion carried 6-0.

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

The Commission now returns to the original agenda order.

AGENDA ITEM NO. 6: Discussion regarding closing of South Broadway from 7th Street to Farrell Street.

City Engineer John Krywicki gave an explanation regarding the request for this street closing. He further shared information regarding street counts on Broadway, showing a steady decline each year. He further noted that the Traffic Commission has considered this item previously and had recommended the street closure. Mr. Krywicki further provided a list of improvements to be made on Bell and Beard Streets should Broadway Street be closed.
Commissioner Sims would like to see more improvements made to Beard Street than those listed.

AGENDA ITEM NO. 8: Consider a resolution authorizing participation in the Oklahoma Mid-Size City Coalition, Inc.

Resolution No. 6404 was introduced and the title read aloud.

RESOLUTION NO. 6404 ENTITLED: “A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF SHAWNEE, OKLAHOMA, AUTHORIZING PARTICIPATION IN THE OKLAHOMA MID-SIZE CITY COALITION, INC.”

City Manager Brian McDougal stated that this coalition will provide lobbyist that will focus on the interest of mid-sized cities. As more cities participate in the coalition, the costs to each city will be reduced.
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve Resolution 6404 authorizing participation in the Oklahoma Mid-Size City Coalition, Inc.


Motion carried 6-0.

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

AGENDA ITEM NO. 9: Consider Bids:

a. Rehab Asphalt Streets Project (Various Locations) COS-PW-10-07 (Open)

BIDDER AMOUNT

A-Tech Paving $2,337,150.00
Edmond, OK

All Roads Paving, Inc. $1,412,981.00
Oklahoma City, OK

Rudy Construction Co. $1,515,800.00
Oklahoma City, OK

T.J. Campbell Construction Co. $1,715,550.00
Oklahoma City, OK

John Krywicki read the bids into the record and requested that the bid award be deferred to the next meeting to allow staff to review and check references.

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to defer the bid award to the May 16, 2011 City Commission meeting. Motion carried 6-0.

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

b. Sale and Removal of Fishing Dock and Walkway on Shawnee Twin Lake Number 2 (Open and possible Award)

BIDDER AMOUNT

Lonnie M. Cox $3,125.00
Shawnee, OK

Barbra Cochrane $801.00
Shawnee, OK

James Bryce read the bids into the record. After review and consideration of the bids, it was Staff’s recommendation to award the bid to Lonnie M. Cox of Shawnee, Oklahoma in the amount of $3,125.00.

A motion was made by Commissioner Sims, seconded by Commissioner Harrod, to accept Staff’s recommendation and award the bid to Lonnie M. Cox in the amount of $3,125.00. Motion carried 6-0.

AYE: Sims, Harrod, Peterson, Collier, Winterringer, Smith
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

There was no Administrative Reports.

AGENDA ITEM NO. 12: Commissioners Comments

Mayor Peterson announced the ribbon cutting in celebration of the new water line will be at the water treatment plant on May 5, 2011, with a luncheon reception following at the Community Center.

Commissioner Harrod asked the City Manager about any progress on the Automated Meter Reading system. Mr. McDougal announced that a meeting had been held with CDM regarding preparation of bid specs.

Commissioner Sims reported on the Capital Improvement sub-committee’s meeting. He stated that the first meeting determined the parameters of the projects. He stated that he expects the Committee to begin looking at individual projects and honing the list down.

AGENDA ITEM NO. 13: Consider an Executive Session to discuss status of Collective Bargaining Agreement with the IUPA, Local No. 3, for FY 2010-2011 as authorized by 25 O.S. §307(B)(2).

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to enter into Executive Session to discuss status of Collective Bargaining Agreement with the IUPA, Local No. 3, for FY 2010-2011 as authorized by 25 O.S. §307(B)(2). Motion carried 6-0.

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

AGENDA ITEM NO. 14: Consider an Executive Session to discuss pending litigation in the cases of the City of Shawnee V. John H. Clark et al., Case No. C-2009-1737; City of Shawnee V. Shawnee Animal Hospital, Inc. et al., Case No. C-2009-1734;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 Sims, seconded by Vice Mayor Collier , to enter into Executive Session to discuss pending litigation in the cases of the City of Shawnee V. John H. Clark et al., Case No. C-2009-1737; City of Shawnee V. Shawnee Animal Hospital, Inc. et al., Case No. C-2009-1734;cases filed in the District Court of Pottawatomie County, Oklahoma, as authorized by 25 O. S. §307 (B)(4). Motion carried 6-0.

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

COMMISSION ENTERS EXECUTIVE SESSION AT 7:42 P.M.

COMMISSION RETURNS FROM EXECUTIVE SESSION WITH ALL COMMISSIONERS PRESENT AT 8:35 P.M.

AGENDA ITEM NO. 15: Consider matters discussed in Executive Session regarding status of Collective Bargaining Agreement with the IUPA, Local No. 3 for FY 2010-2011 as authorized by O.S. §307(B)(2).

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to authorize the City Manager to open negotiations with the IUPA to give back one furlough day remaining in the FY 2010-2011. Motion carried 6-0.

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

AGENDA ITEM NO. 16: Consider matters discussed in Executive Session regarding pending litigation in the cases of the City of Shawnee V. John H. Clark et al., Case No. C-2009-1737; City of Shawnee V. Shawnee Animal Hospital, Inc. et al. Case No. C-09-1734; 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 Sims, seconded by Commissioner Smith, to authorize the City Attorney to proceed within the parameters discussed in Executive Session. Motion carried 6-0.

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


AGENDA ITEM NO. 17: Adjournment

There being no further business to be considered, a motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, that the meeting be adjourned. Motion carried 6-0. (8:39 p.m.)

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


LINDA PETERSON, MAYOR
(SEAL)

ATTEST:


PHYLLIS LOFTIS,
CITY CLERK

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