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Date: 11/21/2011Board: City CommissionDocumentType: MinutesWeb Posted: 12/7/2011 2:28:42 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
NOVEMBER 21, 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, November 21, 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

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

John Winterringer Absent
Commissioner Ward 5 Commissioner Ward 6

ABSENT: Steve Smith

INVOCATION Don Lynch, Emergency Management Director

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda.

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

AYE: Sims, Collier, Winterringer, Stephens, Harrod, 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 8.

b. Minutes from the November 7, 2011 regular meeting and minutes from the November 14, 2011 special called meeting.

c. Budget Amendment SMA – Rollover from previous year on 30 inch water line

d. Acknowledge the following minutes and reports:

• Beautification Committee minutes from September 8, 2011
• Airport Advisory Board minutes from September 21, 2011
• License Payment Report October 1-30, 2011
• Project Payment Report October 1-30, 2011

e. Acknowledge receipt of applications for board appointments or re-appointments as follows:

Tourism Advisory Committee
Kirit (Kelly) Chandra Re-appointment 2nd term
Nancy Steward-Jackson Appointment 1st term

Shawnee Urban Renewal Authority
Ron Henderson Appointment 1st term

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

g. Approve Oklahoma Municipal Retirement Fund Early Retirement for Brian Woodall.

h. Authorize Expo Center staff to advertise for bids on 50 amp electrical up grade in the RV Park.

i. Authorize Expo Center staff to advertise for bids on remodel of four (4) comfort stations located on Expo grounds.

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, Stephens
NAY: None

AGENDA ITEM NO. 3: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)

Mr. Richard Finley spoke stating that the Chamber of Commerce Past Presidents group is not against bond issues/sales tax. He did express displeasure with the projects priority and funding amounts.
Mr. Finley also spoke in opposition of Agenda Item No. 5, which is discussion and possible action regarding new structure and/or trust for tourism dollars.

COMMISSIONER SMITH ARRIVES AT 6:40 P.M.

Ms. Linda Agee also spoke in opposition of Agenda Item No. 5 and stated that it appears the item is retaliatory.

Also regarding Agenda Item No. 5, Mr. Dane Pollei, curator of Mabee Gerrer Museum, stated his opinion that independent tourism agencies are more effective than agencies that are not independent of municipalities.

Mr. Rocky Barrett, Citizen Potawatomi Nation Chairman, thanked the City Commissioners for their forethought and efforts and offered his assistance in future endeavors.

AGENDA ITEM NO. 4: City Manager’s presentation of Employee of the Month to Brandon Remington, Plant Operator, Water Plant.

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

AGENDA ITEM NO. 5: Discussion and possible action regarding new structure and/or trust for tourism dollars.

Vice Mayor Billy Collier stated that he had asked that this item be placed on the agenda so that he can better understand where the City stands regarding this issue. Vice Mayor Collier stated that because he had not seen the contract he had questions regarding whether the City is proceeding in the right direction or whether there are ways to do things in a more efficient manner. Commissioner Collier said that among the information he is seeking includes how the new hotel being built on Highway 102 will affect the City of Shawnee.
A motion was made by Commissioner Sims, seconded by Vice Mayor Collier, to refer to staff for review of existing structure and explore other options available. Motion Carried 5-2.

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

AGENDA ITEM NO. 6: Consider annexation request by Kickapoo Tribe for purposes of construction of gaming and other facilities and authorize staff to proceed with Notice and Hearing Requirements.

A motion was made by Commissioner Harrod, seconded by Commissioner Smith, to move forward on the annexation process requested by the Kickapoo Tribe with the condition that staff negotiate with the Kickapoo Tribe regarding payments in lieu of taxes should the tribe establish retail facilities at this location. Motion carried 7-0.

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

AGENDA ITEM NO. 7: Acknowledge Sales Tax report received November, 2011.

Finance Director Cindy Sementelli reported that the sales tax report received in November showed a revenue increase of $53,000.00 over the period last year.

AGENDA ITEM NO. 8: Consider Bids:

a. Expo Parking Lot Improvements COS-PW-11-04 (Open)

BIDDER AMOUNT

Nash Construction Company $1,743,619.00
Oklahoma City, OK $257,400.00 - Alternate

Connelly Paving Company $1,707,995.75
Oklahoma City, OK $296,532.50 - Alternate

CGC LLC $1,399,000.00
Edmond, OK $296,950.00 - Alternate

All Roads Paving Inc. $1,591,669.74
Oklahoma City, OK No bid - Alternate

T.J. Campbell Construction Co. $1,510,188.40
Oklahoma City, OK $288,770.00 - Alternate

Silver Star Construction $1,609,800.00
Moore, OK $244,605.00 - Alternate

CB Commercial Construction $1,541,214.00
Seminole, OK $235,684.00 - Alternate

Engineering Estimate: $1,260,000.00

City Engineer 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 Harrod, seconded by Commissioner Sims, to defer the bid award to the December 5, 2011 City Commission meeting. Motion carried 7-0.

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

b. Community Center Fire Suppression System (Open)

BIDDER AMOUNT

Trans American Fire Sprinklers $109,870.00

Director of Operations James Bryce read the bid into the record and requested that the bid be rejected due to it being over the amount budgeted for this project. He requested to be allowed to rebid at a later date. The budgeted amount was $80,000.00.

A motion was made by Commissioner Harrod, seconded by Commissioner Smith, to reject the bid and instruct staff to rebid project. Motion carried 7-0.

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

c. Removal of Snow and Ice From the Streets of the City of Shawnee Proposal (Award)

Emergency Management Director Don Lynch announced that two bids were received and after review and consideration it was staff’s recommendation to award both C-P Integrated Services and BDC Homes contracts as both have different types of equipment that may be needed during an ice or snow event.

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to accept staff’s recommendation and award contracts to both C-P Integrated Services and BDC Homes per their respective bids. Motion carried 7-0.

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

d. Rebuild One (1) Primary Clarifier and one (1) Intermediate Clarifier (Award)

Manager of Special Projects Greg Price announced that four bids were received and after review and consideration it was their recommendation to award the bid to DPS Equipment Services, Inc. of Byron, Illinois in the amount of $117,700.00.

A motion was made by Commissioner Sims, seconded by Commissioner Stephens, to accept staff’s recommendation and award the bid to DPS Equipment Services, Inc. in the amount of $117,700.00. Motion carried 7-0.

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

AGENDA ITEM NO. 9: 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. 10: Administrative Reports

Regarding the recent series of earthquakes and aftershocks, Emergency Management Director Don Lynch reported on a recent tour of Lincoln and Pottawatomie Counties by the Federal Emergency Management Agency and the Oklahoma Department of Emergency Management. Mr. Lynch stated that the 25 homes or business must be damaged in order to qualify for Small Business Disaster Declaration. The report from this tour has been forwarded to Governor Fallin and a disaster declaration is expected.

Community Development Director Justin Erickson reminded everyone of the downtown Christmas Parade on December 1, 2011, beginning at 6:30 p.m. State Representative Kris Steele is this year’s Grand Marshal.

AGENDA ITEM NO. 11: Commissioners Comments

Commissioner Harrod requested City Attorney Mary Ann Karns to check to see if the City currently has an ordinance that would prohibit a City Commissioner from being employed by the City after they are no longer on the City Commission.

Commissioner Frank Sims stated that he does not have any interest in heading the Shawnee Convention and Visitors Bureau.


AGENDA ITEM NO. 12: Adjournment

There being no further business to be considered, a motion was made by Commissioner Sims, seconded by Vice Mayor Collier, that the meeting be adjourned. Motion carried 7-0. (7:24 p.m.)

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



LINDA PETERSON, MAYOR

ATTEST:


PHYLLIS LOFTIS, CITY CLERK

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