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Date: 5/16/2011Board: City CommissionDocumentType: MinutesWeb Posted: 6/7/2011 3:55:23 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
MAY 16, 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 16, 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

Pam Stephens 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: None

INVOCATION REV. LARRY SPARKS
NEW BEGINNINGS CHURCH

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda.

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

AYE: Harrod, Sims, Peterson, Collier, Winterringer, Smith, Stephens
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 10.

b. Minutes from the May 2, 2011 regular meeting.

c. Acknowledge the following minutes and reports:

• Beautification Committee minutes from January 3, 2011
• Wes Watkins Reservoir Oversight Committee minutes from March 3, 2011
• Planning Commission minutes from April 6, 2011
• License Payment report April 2011
• Project Payment report April 2011

d. Mayor’s Appointment:

Shawnee Civic and Cultural Development Authority (Expo Center)
Re-appointment of Casey Bell to 1st full term expires 12/30/2014

e. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Tommy Mitchell.

f. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Darren Denwalt.

g. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Darlene Lackey.

h. Approve Change Order Acknowledgement for Trails Project Along MacAthur Street from St Gregory's entrance to Leo Street.

i. Lake Site Lease Transfer and Renewal:

Transfer:
Lot 7 Roewe Tract, 15501 Perry Road
From: K. Coffelt
To: D. Ozment

Renewal:
Lot 4 Damron Tract, 33803 Belcher Road
G. Pruett and N. Pruett

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve the Consent Agenda Items a – i. Motion carried 7-0.

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

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:

“National Safe Boating Week”
May 21-27, 2011

Vice Mayor Collier presented the National Safe Boating Week Proclamation to James Bryce.

“Community Action Month”
May 2011

Commissioner Smith presented the Community Action Month Proclamation to Tia French.

AGENDA ITEM NO. 5: Presentation by representative of the Shawnee Civic and Cultural Development Authority for funding the FY11-12 budget.

Mike Jackson, Operations Manager, of the Heart of Oklahoma Expo Center, presented the report of the capital improvement projects that have been accomplished in the last fiscal year with the additional funds provided by the City of Shawnee. The biggest improvements were bathroom renovations in the Fred Humphrey Pavilion. Other projects to the Pavilion include upgraded fire suppression vent hood, new ice machine, new fire alarm system and a new heat exchanger. In the Otto Krause building, speakers were added and the Grandstand electrical system was also upgraded.
Mr. Jackson noted that the City of Shawnee provided $90,000 in funds for capital improvement projects in the FY 2010-11 budget year; the Shawnee Civic and Cultural Development Authority is requesting $100,000 for the FY 2011-12 budget year.
Mr. Jackson then outlined future projects that include adding thirty 50 amp. plug-ins that will supply a growing need for RV travelers.

AGENDA ITEM NO. 6: Consider approval of Preliminary Plat and Final Plat for Linden Heights First Addition located at NE corner of Farrall and Kennedy Streets. Case #S03-11 and #S04-11

A motion was made by Commissioner Sims, and seconded by Vice Mayor Collier, to approve the preliminary and final plat for Linden Heights First Addition contingent upon the following conditions being met:

1. Final infrastructure plans shall be submitted by the applicant and approved by the City and the 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. A public sidewalk easement shall be noted along Kennedy Street and Farrall Street frontages. This area shall also extend along Lot 1 to allow for future extension of the public sidewalk. Alternatively, the sidewalks may be constructed within the existing public right-of-way.

4. All other applicable City standards apply.

Motion carried 6-1.

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

AGENDA ITEM NO. 7: Consider resolution of necessity for acquisition of parcels numbered 69.1, 69.2 and 69.3 on Kickapoo Street paving project by either purchase or condemnation.
City Attorney Mary Ann Karns explained that the resolution on these parcels was needed to declare that the acquisition of these properties was a matter of public necessity.
A motion was made by Commissioner Stephens, seconded by Commissioner Sims, to approve Resolution No. 6405 for acquisition of parcels numbered 69.1, 69.2 and 69.3 on Kickapoo Street paving project by either purchase or condemnation.

Resolution No. 6405 was introduced and the title read aloud.

RESOLUTION NO. 6405 ENTITLED: “A RESOLUTION DECLARING IT TO BE A MATTER OF PUBLIC NECESSITY TO ACQUIRE CERTAIN EASEMENTS FOR THE PURPOSE OF CONSTRUCTION AND EXPANSION IMPROVEMENTS KNOWN AS THE PROPOSED KICKAPOO STREET PAVING PROJECT, DESCRIBING SAID EASEMENTS AND AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACQUIRE SAID EASEMENTS BY PURCHASE OR CONDEMNATION.”

Motion carried 7-0.

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

AGENDA ITEM NO. 8: Discussion concerning storm shelter requirements in garage floors.

This matter was placed on the agenda at the request of Commissioner Winterringer, who stated that he had received calls from residents regarding the City’s requirement to vent storm shelters in garage floors. Currently, it costs approximately $1,500 to retrofit an existing garage shelter with the venting required.
Community Development Director Justin Erickson stated that he had surveyed other Oklahoma cities and had found that no standard exists; each city has set their own requirements regarding this issue. Mr. Erickson informed Commissioners that one option that could be considered is to require a waiver of liability signed by the homeowner if they elect not to vent an existing garage shelter. Further, that all new construction that includes a garage storm shelter be vented in accordance with City requirements at the time of construction.
This issue will be brought back before the Commission for consideration at a meeting in the near future.

AGENDA ITEM NO. 9: Acknowledge Sales Tax Report received May 2011.

City Finance Director Cindy Sementelli explained the most recent sales tax report that includes revenues received from the previous months of March and April. Ms. Sementelli stated that sales tax receipts were up $19,861 over last year’s receipts and approximately $757,106 over year to date budget projections.


AGENDA ITEM NO. 10: Consider Bids:

a. One (1) 2011 Truck Mounted Sewer Jetter (Open)

BIDDER AMOUNT

Boyle Equipment No Bid
Commerce City, CO

J&R Equipment, LLC $177,189.00
Oklahoma City, OK

J&R Equipment, LLC $178,547.00
Oklahoma City, OK

J&R Equipment, LLC $190,472.00
Oklahoma City, OK

J&R Equipment, LLC $180,026.00
Oklahoma City, OK

Jim Bierd 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 Collier, seconded by Commissioner Winterringer, to defer the bid award to the June 6, 2011 City Commission meeting. Motion carried 7-0.

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

b. Rehab Asphalt Streets Project (Various Locations) COS-PW-10-07 (Award)

Assistant City Engineer Michael Ludi announced that four bids were received and after review and consideration, it was their recommendation to award the bid to All Roads Paving, Oklahoma City, Oklahoma in the amount of $1,412,981.00.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to accept Staff’s recommendation and award the bid to All Roads Paving in the amount of $1,412,981.00. Motion carried 7-0.

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

AGENDA ITEM NO. 11: 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. 12: Administrative Reports

Cindy Sementelli announced that the FY 2011-12 General Fund and Airport budgets would be sent to the Commissioners in PDF format. Capital projects and other funds would be sent out soon.

Justin Erickson provided information regarding efforts to clean up the City through demolition of abandoned or dilapidated structures. He noted that 25 structures have been demolished or are currently in progress of demolition since January, 2011. Mr. Erickson expects 30 – 35 total structures to be demolished this year.
Assistant Airport Manager Rex Hennen reported that the taxiway project is 70% complete with a July completion date anticipated.
Regarding the new terminal building, Mr. Hennen stated that June 1, 2011 is targeted for the move-in date. Once the move has been accomplished, the old terminal building will be torn down and landscaping will be completed at the new terminal. A date for the ribbon cutting ceremony will be set once those projects are completed.

AGENDA ITEM NO. 13: Commissioners Comments

Relating to the closing of South Broadway Street, Commissioner Sims addressed an editorial in the May 10, 2011 of the Shawnee News Star. He stated that the editorial contained some inaccuracies and he was not out to “fleece” Shawnee Milling Company. He further stated that comments made about improvements to the intersection of Farrall and Beard were misconstrued in the editorial as a reference to the amount of money he expected Shawnee Milling Company to pay for the street closing. Commissioner Sims stated that he was looking at the big picture and planning for the future.
Commissioner Sims also reported on the Capital Improvement Projects sub-committee continues to meet to review funding options and prioritize the projects list. He hopes to have something for the Commission to review by the first meeting in June.

Commissioner Smith stated that contacts to him from residents indicate that taxpayers do not feel they should pay for a street closing that will only benefit Shawnee Milling Company.
Commissioner Smith had questions regarding the city’s utilization of Blackboard Connect. Emergency Management Director Don Lynch listed the various methods that are available to register or add additional numbers to the system. He explained how the system works and gave an update regarding the two times that the system has been used.

Mayor Peterson noted the recent raw water line and dog park ribbon cutting ceremonies.

AGENDA ITEM NO. 14: Consider an Executive Session regarding settlement offers on condemnation case City V. Christopher Rick Etal., C-09-1738; City V. Diana Coffman Trust Etal., C-09-1736; as related to the Kickapoo Paving Project as authorized by 25 O.S. §307(B)(4) on the recommendation of counsel that public discussion would compromise the ability of the city to adequately consider offers.

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to enter into Executive Session to discuss settlement offers on condemnation case City V. Christopher Rick Etal., C-09-1738; City V. Diana Coffman Trust Etal., C-09-1736; as related to the Kickapoo Paving Project as authorized by 25 O.S. §307(B)(4) on the recommendation of counsel that public discussion would compromise the ability of the city to adequately consider offers. Motion carried 7-0.

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

COMMISSION ENTERS EXECUTIVE SESSION AT 7:33 P.M.

COMMISSION RETURNS FROM EXECUTIVE SESSION WITH ALL COMMISSIONERS PRESENT AT 8:26 P.M.

AGENDA ITEM NO. 15: Consider matters discussed in Executive Session regarding settlement offers on condemnation cases City V. Christopher Rick Etal., C-09-1738; City V. Diana Coffman Trust Etal., C-09-1736; as related to the Kickapoo Paving Project as authorized by 25 O.S. §307(B)(4) on the recommendation of counsel that public discussion would compromise the ability of the city to adequately consider offers.


A motion was made by Commissioner Smith, seconded by Commissioner Winterringer, to authorize staff to move forward as discussed in Executive Session. Motion carried 7-0.

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

AGENDA ITEM NO. 16: 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 7-0. (8:27 p.m.)

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


LINDA PETERSON, MAYOR
(SEAL)

ATTEST:


PHYLLIS LOFTIS,
CITY CLERK

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