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Date: 4/2/2012Board: City CommissionDocumentType: MinutesWeb Posted: 4/17/2012 1:21:25 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
APRIL 2, 2012 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, April 2, 2012 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

Absent Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: John Winterringer

INVOCATION Don Lynch,
Emergency Management Director
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 6-0.

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

AGENDA ITEM NO. 2: Consider approval of Consent Agenda:

a. Minutes from the March 19, 2012 regular meeting.

b. Acknowledge the following minutes:

• Shawnee Civic and Cultural Development Authority minutes from February 16, 2012

c. Approve Oklahoma Municipal Retirement Fund Normal Retirement for Lisa Moody, Accounts Payable Administrator, Finance.

d. Authorize staff to solicit proposals from vendors for the replacement of the telephone system at the City Hall and Annex buildings with an option to replace the system at the Public Works Service Center.

e. Traffic Commission Board Recommendations from March 27, 2012 and Agenda Information

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

Commissioner Harrod requested that Consent Agenda Item No. 2d be pulled for separate consideration. A motion was made by Vice Mayor Collier, seconded by Commissioner Harrod, to approve the Consent Agenda Items a-f, less item d. Motion carried 6-0.

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

A motion was made by Commissioner Harrod, seconded by Commissioner Stephens, to move Consent Agenda Item No. 2d to Agenda Item No. 8, Consider Bids. Motion carried 6-0.

AYE: Harrod, Stephens, Sims, Peterson, Collier, Smith
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
“Fair Housing Month”
April 2012

Mayor Peterson read the Fair Housing Month Proclamation and presented the same to Justin Erickson, City Planner.

“Oklahoma Baptist University Men’s Swim Team NAIA Championship”
April 2, 2012

Mayor Peterson read the Oklahoma Baptist University Men’s Swim Team NAIA Championship Proclamation and presented the same to Robert Davenport, Athletic Director. It was additionally in the proclamation that the OBU Women’s swim team placed 2nd in the national competition. Also present to accept the proclamation was Coach Sam Freas who thanked the Commission for their support. Many swim team members from both men and women’s teams were also present in the audience.

AGENDA ITEM NO. 5: Consider an ordinance calling for a general and runoff election for Mayor, Ward 2, Ward 3 and Ward 4.

Ordinance No. 2475NS was introduced and the title read aloud.

ORDINANCE NUMBER 2475NS, AN ORDINANCE CALLING AND PROVIDING FOR THE HOLDING OF NONPARTISAN GENERAL AND GENERAL RUNOFF ELECTIONS IN THE CITY OF SHAWNEE, OKLAHOMA, FOR THE PURPOSE OF NOMINATING AND ELECTING CANDIDATES FOR THE OFFICE OF MAYOR, AND THE OFFICES OF CITY COMMISSIONER OF THE SECOND WARD, CITY COMMISSIONER OF THE THIRD WARD AND CITY COMMISSIONER OF THE FOURTH WARD; ESTABLISHING A FILING PERIOD AND QUALIFICATIONS FOR SUCH OFFICES; DESIGNATING THE MANNER OF ELECTING THE VARIOUS CITY OFFICES NAMED HEREIN; PROVIDING FOR SAID ELECTIONS TO BE CONDUCTED BY THE POTTAWATOMIE COUNTY ELECTION BOARD; PROVIDING FOR VOTING BY ABSENTEE BALLOT; AND DECLARING AN EMERGENCY.

A motion was made by Commissioner Stephens, seconded by Commissioner Sims, to approve an ordinance calling for a general and runoff election for Mayor, Ward 2, Ward 3 and Ward 4. Motion carried 6-0.

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

AGENDA ITEM NO. 6: Consider an offer from Texhoma Land Consultants, Inc. for leasing oil and gas mineral acres located at a tract in the SW/4 Section 03, Township 10 North, Range 02 East, Pottawatomie County, Oklahoma.

A motion was made by Commissioner Sims, seconded by Commissioner Stephens, to approve offer Number 2 in the February 21, 2012 letter offer from Texhoma Land Consultants, which is $120.00 per net mineral acre for a 3-year lease plus a 2-year option to renew at $100.00 per net mineral acre and an 1/8th royalty in the event of production. Motion Carried 6-0.

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

AGENDA ITEM NO. 7: Consider approving proposed Expo Landscaping & Irrigation Project, and directing Staff to proceed with preparing a Change Order to amend the current contract (COS-PW-11-04) with CGC. LLC.

Commissioner Harrod stated he reviewed the minutes and video from prior meetings and that the landscaping at the Expo was not a priority and the money should go toward the municipal pool. Mayor Peterson and Commissioner Sims both were of the understanding that it was part of the original project and should be completed.

City Engineer John Krywicki stated that there is a change in the package that was attached to the agenda for tonight’s meeting. The island that included landscaping will be a concrete island. He stated this is for stabilizing utilities.

A motion was made by Commissioner Sims, seconded by Vice Mayor Collier, to approve the proposed Expo Landscaping & Irrigation Project, and directing Staff to proceed with preparing a Change Order to amend the current contract (COS-PW-11-04) with CGC, LLC. Motion carried 5-1.

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

AGENDA ITEM NO. 8: Consider Bids:

Item 2d moved from Consent Agenda above: Authorize staff to solicit proposals from vendors for the replacement of the telephone system at the City Hall and Annex buildings with an option to replace the system at the Public Works Service Center.

Commissioner Harrod stated in reviewing the past minutes and video, the telephone system had been considered by the City Manager for inclusion in the capital projects list but was eventually cut from the lists. Commissioner Harrod asked if the citizens would get an automated system or would give a live person when calling City Hall. City Manager Brian McDougal stated the citizens would probably not notice much of a change from the telephone system we have now. He stated the proposed system is a voice over IP system. He further stated that the City has outgrown the current system as it does not allow any more lines to be added. This system allows many more options for users, allows unlimited lines and allows faxes to be sent and received on the user’s computer.

A motion was made by Commissioner Harrod, seconded by Commissioner Stephens, to authorize staff to solicit proposals from vendors for the replacement of the telephone system at the City Hall and Annex buildings with an option to replace the system at the Public Works Service Center with the bid date being the first meeting in June. Motion carried 6-0.

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

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

Emergency Management Director Don Lynch reported on the closing of three of the public shelters with the city limits of Shawnee located at City Hall, Fire Station No. 2 and Sequoyah School. He stated that some of the reasons are that none of the shelters meet the ADA requirements, none have restrooms and sex offenders cannot be around children and there is no way to monitor if a registered sex offender is in the shelter. He also stated Sequoyah School made the decision to close that shelter and the City does not control that shelter.
After much Commission discussion, City Manager Brian McDougal agreed to keep the shelters open, not including Sequoyah School, until July. Emergency Management Director Don Lynch will provide an updated administrative report on the public shelters at the next meeting.

City Attorney Mary Ann Karns reported on the sales of Unity Health Center to St. Anthony Hospital. The law firm of Lester, Loving & Davies, P.C. reviewed the documents of the Shawnee Hospital Authority to determine if the City had any interest in the sale of Unity Health Center to St. Anthony Hospital. It was determined that the City does have an interest in the event Shawnee Hospital Authority ceases to exist but at this there are no assets for the City to have. Community Health Partners plan to keep the money from the sale in the plan and the City has no control over that.

AGENDA ITEM NO. 11: Commissioners Comments

Mayor Peterson stated she received a newsletter from Shawnee Rescue Mission reporting it had been awarded a grant and would be building a residency on Louisa. City Planner Justin Erickson reported he has not received anything from Shawnee Rescue Mission for an overnight shelter at this time. He does anticipate meeting with Shawnee Rescue Mission to discuss its plans in the future.

Mayor Peterson asked Staff what would the circumstances be for Commissioners to have access to the City’s health insurance. City Attorney Mary Ann Karns said the Commission has the authority to offer Commissioners access to the health insurance. The Commissioners would have to pay 100% of the premium because the City Charter states there is no compensation for the Commissioners. Commissioner Sims asked Karns to look at the history and see how the health insurance was offered to Commissioners in the past.

AGENDA ITEM NO. 12: Adjournment

There being no further business to be considered, a motion was made by Commissioner Sims, seconded by Commissioner Smith, that the meeting be adjourned. Motion carried 6-0. (8:07 p.m.)

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

LINDA PETERSON, MAYOR

ATTEST:



LISA LASYONE, DEPUTY CITY CLERK

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