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Date: 10/3/2011Board: City CommissionDocumentType: MinutesWeb Posted: 10/18/2011 3:06:44 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
OCTOBER 3, 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, September 19, 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 Absent
Commissioner Ward 1 Commissioner Ward 2

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4-Vice Mayor

John Winterringer Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: Pam Stephens, Frank Sims

INVOCATION Rev. Mike Taylor
New Beginnings Church
FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda.

A motion was made by Commissioner Harrod, seconded by Vice Mayor Collier, to approve the Agenda. Motion carried 5-0.

AYE: Harrod, Collier, Winterringer, Smith, Peterson
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 September 19, 2011 regular meeting and September 26, 2011 special call meeting for work session

c. Acknowledge the following minutes:

• Airport Advisory Board minutes from August 17, 2011

d. Authorize SMA staff to advertise for bids on purchase of sludge truck for the Northside Wastewater Treatment Plant.

e. Authorize SMA staff to advertise for bids to rebuild the primary and intermediate clarifiers at the Southside Wastewater Treatment Plant.

f. Authorize purchase of fire hose from funds listed as replacement of Turn-Out Gear funds.

g. Approve agreement with the Oklahoma Tax Commission for Administration of the City of Shawnee Sales and Use Tax Ordinances. (Deferred from August 15, 2011 meeting)

h. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Don Goforth.

i. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Dan Cope.

j. Approval of settlement of litigation Alan Gunter v. City of Shawnee WCC No.: 2009-15678A, Pottawatomie County No: CJ-2010-721; Billy Joe Mitchell v. City of Shawnee WCC No.: 201O-I3787H, Pottawatomie County No: CJ-20 10-721; David Block v. City of Shawnee WCC No.: 2009-14594X, Pottawatomie County No: CJ-2010-721; David Powell v. City of Shawnee WCC NO.: 2009-08538 H, Pottawatomie County No: CJ-20 I0-721 for $60,000. (OMAG will reimburse City in the amount of $10,000 total)

k. Budget amendment to cover Workers Comp Settlement.

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to approve the Consent Agenda Items a-k. Motion carried 5-0.

AYE: Harrod, Winterringer, Smith, Peterson, Collier
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:
“Fire Prevention Week”
October 10-14, 2011

Fire Chief Jimmy Gibson accepted the Mayor’s Proclamation for “Fire Prevention Week” presented by Mayor Peterson.

AGENDA ITEM NO. 5: City Manager’s presentation of Employee of the Month to Christina Oldham, Police Department Dispatcher.

Christina Oldham was present to accept the Employee of the Month Certificate presented by City Manager Brian McDougal.

AGENDA ITEM NO. 6: Consider a resolution of support to the Oklahoma Department of Transportation regarding the maintenance and reopening of rail service between Shawnee, Oklahoma and McAlester, Oklahoma.

Resolution No. 6410 was introduced and the title read aloud.

A RESOLUTION OF THE CITY OF SHAWNEE IN SUPPORT OF THE PROTECTION AND MAINTENANCE OF EXISTING RAIL LINES, AND THE REOPENING OF THE RAIL LINE BETWEEN SHAWNEE, OKLAHOMA AND MCALESTER, OKLAHOMA.
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A motion was made by Commissioner Harrod, seconded by Vice Mayor Collier, to approve the Resolution of Support to the Oklahoma Department of Transportation regarding the maintenance and reopening of rail service between Shawnee, Oklahoma and McAlester, Oklahoma. Motion carried 5-0.

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

AGENDA ITEM NO. 7: Consider a resolution accepting the grant agreement for Airport Improvement Program (AIP) Project No. 3-40-0088-015-2011 Duns No. 09-160-2441 from the Federal Aviation Administration (FAA) at Shawnee Regional Airport to make airside improvements for the project; REHABILITATE RUNWAY 17/35 – PHASE 2 (CONSTRUCTION); AND IMPROVE RUNWAY 17/35 SAFETY AREA – PHASE 2 (CONSTRUCTION).

Resolution No. 6411 was introduced and the title read aloud.

A RESOLUTION ACCEPTING THE GRANT AGREEMENT FOR AIRPORT IMPROVEMENT PROGRAM (AIP) PROJECT NO. 3-40-0088-015-2011, DUNS NO. 09-160-2441 FROM THE FEDERAL AVIATION ADMINISTRATION (FAA) AT SHAWNEE REGIONAL AIRPORT TO MAKE AIRSIDE IMPROVEMENTS FOR THE PROJECT; “REHABILITATE RUNWAY 17/35 – PHASE 2 (CONSTRUCTION); AND IMPROVE RUNWAY 17/35 SAFETY AREA – PHASE 2 (CONSTRUCTION)”.

A motion was made by Commissioner Winterringer, seconded by Vice Mayor Collier, to approve the resolution accepting the grant agreement for Airport Improvement Program (AIP) Project No. 3-40-0088-015-2011 Duns No. 09-160-2441 from the Federal Aviation Administration (FAA) at Shawnee Regional Airport to make airside improvements for the project; REHABILITATE RUNWAY 17/35 – PHASE 2 (CONSTRUCTION); AND IMPROVE RUNWAY 17/35 SAFETY AREA – PHASE 2 (CONSTRUCTION). Motion carried 5-0.

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

AGENDA ITEM NO. 8: Consider a resolution authorizing execution of Right-of-Way, Public Utility, and Encroachment Agreement with the Oklahoma Department of Transportation (ODOT) for their SH102 Roadway Improvement Project {Project No. SSP-163C(165)SS}

Resolution No. 6412 was introduced and the title read aloud.

A RESOLUTION AUTHORIZING EXECUTION OF RIGHT-OF-WAY, PUBLIC UTILITY, AND ENCROACHMENT AGREEMENT WITH THE OKLAHOMA DEPARTMENT OF TRANSPORTATION (ODOT) FOR THEIR SH102 ROADWAY IMPROVEMENT PROJECT {PROJECT NO. SSP-163C(165)SS}


A motion was made by Commissioner Harrod, seconded by Vice Mayor Collier, to approve the resolution authorizing execution of Right-of-Way, Public Utility, and Encroachment Agreement with the Oklahoma Department of Transportation (ODOT) for their SH102 Roadway Improvement Project {Project No. SSP-163C(165)SS}. Motion carried 5-0.

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

AGENDA ITEM NO. 9: Consider a resolution declaring certain items of city property surplus and donating said items to South Central Industries, as recommended by the Airport Advisory Board.

Resolution No. 6413 was introduced and the title read aloud.

A RESOLUTION DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY SURPLUS AND NO LONGER NEEDED FOR CITY PURPOSES; DESCRIBING SAID ITEMS; AND AUTHORIZING THE DONATION OF SAID ITEMS TO THE SOUTH CENTRAL INDUSTRIES.

A motion was made by Vice Mayor Collier, seconded by Commissioner Winterringer, to approve the resolution declaring certain items of city property surplus and donating said items to South Central Industries, as recommended by the Airport Advisory Board. Motion carried 5-0.

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

AGENDA ITEM NO. 10: Consider Bids:

a. Tapping Machine, Valve Insertion Equipment (Open)

BIDDER AMOUNT

No bids received.

No action taken.

b. Refurbish Screw Pumps Contract No. COS-SMA-12-01(Award)

BIDDER AMOUNT

Rice Painting & Sandblasting, LLC No Bid
Ponca City, OK

Urban Contractors, Inc. $183,000.00
Oklahoma City, OK $3,500.00 – Alternate

J.S. Haren Company $171,700.00
Athens, TN

Wynn Construction Co., Inc. $186,000.00
Oklahoma City, OK

Utility Director Jim Bierd announced that three bids were received and after review and consideration it was staff’s recommendation to award the bid to J.S. Haren of Athens, Tennessee in the amount of $171,700.00.

A motion was made by Commissioner Harrod, seconded by Vice Mayor Collier, to accept staff’s recommendation and award the bid to J.S. Haren Company in the amount of $171,700.00. Motion carried 5-0.

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

c. Lake Road Bridge Rehabilitation Project Contract No. COS-PW-11-03 (Award) Deferred from 9-19-11 meeting

City Engineer John Krywicki announced that four bids were received. All four bids were over the engineer’s estimate. Items that could be done in-house were pulled from the project specifications from each bid received. After review and consideration it was staff’s recommendation to award the bid to PbX Corporation of Sapulpa, Oklahoma in the amount of $630,316.30, less the items to be done in-house. A change order for the new amount will be presented at the next commission meeting.

A motion was made by Commissioner Winterringer, seconded by Vice Mayor Collier, to accept staff’s recommendation and award the bid to PbX Corporation in the amount of $630,316.30, with a change order to lower the amount at the next meeting. Motion carried 5-0.

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

d. Rehabilitate Runway 17-35; Grade Safety and Construction Connecting Taxiway. AIP Project 3-40-0088-015-2011- Contract No. COS-PW-11-01 (Award) (Deferred from the 9-19-11 meeting)

Assistant Airport Manager Rex Hennen announced that one bid was received and after review and consideration it was staff’s recommendation to award the bid to Haskell Lemon Construction of Oklahoma City, Oklahoma in the amount of $3,605,177.00. The bid project amount will be reduced to bring the cost down in line with the grant. This will be presented at the next meeting as a change order to the contract.

A motion was made by Commissioner Harrod, seconded by Vice Mayor Collier, to accept staff’s recommendation and award the bid to Haskell Lemon Construction in the amount of $3,605,177.00, with a change order reducing the amount at the next meeting. Motion carried 5-0.

AYE: Harrod, Collier, Winterringer, Smith, Peterson
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

Justin Erickson, Community Development Director, reported the Downtown Shawnee Christmas Parade would be held again this year. Even though Downtown Shawnee association has disbanded, the annual parade will be held with volunteers and assistance from the City of Shawnee. Entry forms will be available on-line and through the Planning Department and are due back by November 15. Theme for the parade this year will be “Story Book Christmas” and will be held December 1, 2011 at 6:30 p.m.

Jim Bierd, Public Works Director, reported that water is being blended from the Shawnee Twin Lakes and Wes Watkins Reservoir. A line from each source is coming into the treatment plant and adjustments can be made there rather than having to make the balance adjustments off site. Shawnee Twin Lakes level is down approximately 6.3 feet which is the normal pool. Coming down to the normal pool after drought and such extreme high temperatures is very good. Wes Watkins Reservoir is down approximately 5.3 feet with another 7.5 feet that it can go down before affecting the recreation level.

AGENDA ITEM NO. 13: Commissioners Comments

Commissioner Harrod inquired about the yield study progress. City Manager McDougal advised there would be a final meeting in November with the engineering firm then information would be presented to the commission.

Commissioner Harrod then inquired about the Hotel/Motel audit information received. Finance Director Cindy Sementelli reported this was the second year of the audit. The first year three properties were audited and this year there were four properties audited. One property was audited both years. The amount of the surcharge retained by the City of Shawnee pays for the audits.
Information on issuing some type of business licenses or permits was requested by Commissioner Harrod for the first meeting in November. He would like some way to monitor what businesses have sales tax permits and if they are remitting sales tax. City Attorney Mary Ann Karns advised with the new Oklahoma Tax Commission agreement we could receive listing of sales tax permits and collections. We will also be able to do our own enforcement on failure to remit sales tax and hotel/motel surcharge.

Mayor Peterson offered condolences to the families of the two Pottawatomie County Sheriff Reserve officers that lost their lives last Friday night. One of the officers, Mike Roberts, was a former city employee.


AGENDA ITEM NO. 14: Adjournment

There being no further business to be considered, a motion was made by Commissioner Winterringer, seconded by Commissioner Smith, that the meeting be adjourned. Motion carried 5-0. (7:05 p.m.)

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



LINDA PETERSON, MAYOR

ATTEST:


DONNA MAYO, DEPUTY CITY CLERK

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