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Date: 11/5/2012Board: City CommissionDocumentType: MinutesWeb Posted: 11/20/2012 2:43:23 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
NOVEMBER 5, 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, November 5, 2012 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Mainord presided and called the meeting to order. Upon roll call, the following members were in attendance.

Wes Mainord
Mayor

Pam Stephens Linda Agee
Commissioner Ward 1 Commissioner Ward 2

James Harrod Keith Hall
Commissioner Ward 3-Vice Mayor Commissioner Ward 4

John Winterringer Absent
Commissioner Ward 5 Commissioner Ward 6

ABSENT: Steve Smith

INVOCATION Rev. Ben Williams
Wesley Methodist Church

FLAG SALUTE

COMMISSIONER STEVE SMITH ARRIVED AT 6:35 P.M.

AGENDA ITEM NO. 1: Consider approval of Agenda.

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

AYE: Harrod, Hall, Winterringer, Smith, Stephens, Agee, Mainord
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 No. 9.

b. Minutes from the October 15, 2012 regular meeting.

c. Budget Amendment FY2012-2013 2012 CDBG Entitlement Grant Fund
Appropriate 2012 CD BG Entitlement Funds for FY 2012- FY 2013

d. Budget Amendment CDBG
To adjust budget for processing fees

e. Acknowledge application for Healthy Communities Recertification and Grant.

f. Acknowledge the following minutes:

• Shawnee Civic and Cultural Development Authority minutes from September 20, 2012
• Traffic Commission minutes from August 28, 2012

g. Mayor’s appointments:
Traffic Commission

Ms. Rebecca E. Dolan 1st Partial Term Expires 1-01-2014
Replaces Delbert Totty – Resigned

Mr. Larry Smith 1st Partial Term Expires 1-01-2014
Replaces Bill Johnson – Deceased

h. Acknowledge Oklahoma Municipal Retirement Fund Normal Retirement for Randy Brock.

i. Authorize staff to advertise for bids on the Federal Street Bridge Rehab Project (Contract No. COS-PW-12-02)

j. Acknowledge acceptance of the Expo Parking Lot Improvement Project (Contract No. COS-PW-11-04) and placing maintenance bond into effect.

k. Acknowledge acceptance of the Kulhbird Lane Hazard Mitigation Project (Contract No. COS-PW-11-09) and placing maintenance bond into effect.

l. Acknowledge agreement with Excel Auctions, LLC, to auction surplus City property.

m. Traffic Commission Recommendations from October 23, 2012

BOARD RECOMMENDATIONS TRAFFIC COMMISSION
OCTOBER 23, 2012

A. Consideration of request by Tyler Bridges to replace the regular School Zone signs with Flashing School Zone signs on Walnut Street just West of Pleasant Grove School and on Bryan Street on both the North and South sides of Pleasant Grove School.

STAFF RECOMMENDATION: Staff recommends approval of request. Michael Ludi states staff recommends approval of the light and would like to make the Traffic commission aware of the cost of the sign because it is a significant cost at $5200 each. Tyler Bridges states the original request is to replace the regular School Zone Sign with a Flashing School Zone Sign on Walnut Street just west of Pleasant Grove School. This is the only one needed. Several incidents have happened in this area. It is a blind hill that is right before the school. People just fly over the hill and do not see the cars stopped for school pickup times. Major concern for safety is on Walnut. Ronald Taffe recommended amending the request to read “ Consideration of request by Tyler Bridges to replace the regular School Zone Sign with a Flashing School Zone Sign on Walnut Street just West of Pleasant Grove School” All agreed to amend the consideration.

BOARD RECOMMENDATION: Board agrees with the Staff recommendation to replace the regular School Zone Sign with a Flashing School Zone Sign on Walnut Street just west of Pleasant Grove School.

Vice Mayor Harrod requested that Consent Agenda Item 2m be pulled for separate consideration. A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve the Consent Agenda Items a-l, less m. Motion carried 7-0.

AYE: Harrod, Winterringer, Smith, Stephens, Agee, Mainord, Hall
NAY: None

Regarding Consent Agenda Item 2m, Vice Mayor Harrod asked staff where the flashing School Zone sign would be placed. City Engineer John Krywicki explained the exact location of the Walnut Street sign. In response to Vice Mayor Harrod’s inquiry, Mr. Krywicki stated that the sign was budgeted for as a signal upgrade.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve Consent Agenda Item 2m. Motion carried 7-0.

AYE: Harrod, Hall, Winterringer, Smith, Stephens, Agee, Mainord
NAY: None

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

Former Mayor Linda Peterson addressed the Commission regarding Agenda Item No. 6 concerning consideration of postponing water and sewer rate increases until November of 2013. Ms. Peterson explained how and why the rate schedule was adopted. Ms. Peterson further urged the Commission to keep the current rate schedule in place which calls for a small rate increase beginning November 1, 2012.

AGENDA ITEM NO. 4: Mayor’s Proclamation:

"Veteran's Day"
November 11, 2012

Cecil Johnston accepted the Mayor’s Proclamation for “Veteran’s Day” presented by Mayor Mainord.

“Becky Emerson Carlberg Day”
November 14, 2012

Becky Emerson Carlberg accepted the Mayor’s Proclamation for “Becky Emerson Carlberg Day” presented by Mayor Mainord.

AGENDA ITEM NO. 5: A public hearing and consideration of rezoning property located at 204 N. Louisa from C-3; Automotive, Commercial and Recreation to C-4; Central Business with a conditional use permit. Case No. P13-12
(Deferred from the September 17, 2012 meeting)

Mayor Mainord declared a public hearing in session to consider an ordinance rezoning property located at 204 N. Louisa from C-3; Automotive, Commercial and Recreation to C-4; Central Business with a conditional use permit.

The following people spoke in favor of the proposed rezoning:

Mike Little
Bill Thurman
Eric Winegardner
Ray Belford
John Clemons
Ralph Griffin
Michelle Johnson
Karen Bays
Don Orr
Michelle Wilson
James Morton
Sarah Inselman
Landon Middleton
Tom Leach

The following people spoke against the proposed rezoning:

Holly Gordon
Crystal Marfil
Tina Hanna
Linda Shiffel
Theresa Cody

After all parties had an opportunity to speak, Mayor Mainord closed the public hearing.
After a lengthy discussion between Commissioners, a motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to deny the ordinance rezoning property at 204 N. Louisa from C-3; Automotive, Commercial and Recreation to C-4; Central Business with a conditional use permit. Motion carried 6-1.

AYE: Harrod, Agee, Mainord, Hall, Winterringer, Stephens
NAY: Smith

BY POWER OF THE CHAIR, A RECESS WAS TAKEN.

BY POWER OF THE CHAIR, THE MEETING WAS RECONVENED WITH ALL COMMISSIONERS PRESENT.

AGENDA ITEM NO. 6: Consideration and possible action on a revised ordinance regarding water and sewer rate structure.

Utility Director Jim Bierd addressed this agenda item. Mr. Bierd stated that Smith Roberts Baldischwiler, LLC, the engineer firm preparing water master plan, recommended that the City postpone any large water project until after the completion of the plan. He added that water rehab, sewer rehab and lift station projects would still continue.
Finance Director Cindy Sementelli stated that postponing water/sewer rate increases would result in a $750,000.00 loss in revenue this year.
After careful consideration, the Commission agreed to leave the current ordinance in place. This ordinance calls for water and sewer rate increases beginning November 1, 2012. The increases will be reflected on the December water bills.

AGENDA ITEM NO. 7: Consider a resolution to declare a certain item surplus property and transferring of said item to the Shawnee Civic and Cultural Development Authority.

Resolution No. 6435 was introduced.

A RESOLUTION DECLARING A CERTAIN ITEM OF PERSONAL PROPERTY SURPLUS AND NO LONGER NEEDED FOR CITY PURPOSES; DESCRIBING SAID ITEM; AND AUTHORIZING THE TRANSFER OF SAID ITEM TO THE SHAWNEE CIVIC AND CULTURAL DEVELOPMENT AUTHORITY.

A motion was made by Vice Mayor Harrod, seconded to Commissioner Smith, to approve a resolution to declare a certain item surplus property and transferring of said item to the Shawnee Civic and Cultural Development Authority. Motion carried 7-0.

AYE: Harrod, Smith, Stephens, Agee, Mainord, Hall, Winterringer
NAY: None

AGENDA ITEM NO. 8: Consider a resolution to declare certain items surplus property and authorizing the sale of said items at auction.

Resolution No. 6436 was introduced.

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 AUCTION.

A motion was made by Commissioner Hall, seconded by Commissioner Winterringer, to approve a resolution to declare certain items surplus property and authorizing the sale of said items at auction. Motion carried 7-0.

AYE: Hall, Winterringer, Smith, Stephens, Agee, Harrod, Mainord
NAY: None

AGENDA ITEM NO. 9: Consider Bids:

a. Airport Pedestrian Trail Contract COS-PW-12-01 (Open)

BIDDER AMOUNT

RUDY CONSTRUCTION CO $763,176.50
Oklahoma City, OK

C-P INEGRATED SERVICES, INC. $986,995.32
Oklahoma City, OK

CGC, LLC $692,547.00
Edmond, OK

SHELL CONSTRUCTION CO $799,410.00
Oklahoma City, OK

ALL ROADS PAVING, INC $635,932.96
Oklahoma City, OK

ORION CONSTRUCTION SERVICES CORP. $1,475,178.29
Oklahoma City, OK

BISHOP PAVING CO INC. $633,409.90
Oklahoma City, OK

SAC SERVICES, INC. $971,502.60
Oklahoma City, OK

Engineer’s Estimate - $697,299.50

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

A motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to defer the bid award to the November 19, 2012 City Commissioner meeting. Motion carried 7-0.

AYE: Harrod, Smith, Stephens, Agee, Mainord, Hall, Winterringer
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 Mainord said that he had attended a recent water meeting and was very concerned about water conservation.

Vice Mayor Harrod asked staff how much money was left from the projects funded from the bond refinance, which included the Expo parking lot and electrical upgrade. The exact figures were not available but would be provided at a later date.
Vice Mayor Harrod also asked City Engineer John Krywicki about the 45th Street paving project. Mr. Krywicki stated that the paving company had completed their work.
Vice Mayor Harrod also requested a moratorium on homeless shelters until after an ordinance could be passed placing conditions on such shelters.

RECESS CITY COMMISSION MEETING BY POWER OF THE CHAIR TO CONVENE SHAWNEE MUNICIPAL AUTHORITY AND SHAWNEE AIRPORT AUTHORITY AT 9:06 P.M.

RECONVENE CITY COMMISSION MEETING BY POWER OF THE CHAIR AT 9:08 P.M.

AGENDA ITEM NO. 13: Consider an Executive Session to discuss City Attorney’s employment contract pursuant to 25 O.S. §307(B)(1).

AGENDA ITEM NO. 14: Consider an Executive Session to discuss City Manager’s employment contract pursuant to 25 O.S. §307(B)(1).

AGENDA ITEM NO. 15: Consider an Executive Session to discuss defense of Wilbanks v. City of Shawnee, Pottawatomie County CJ-2012-000478 pursuant to to 25 O.S. §307(B)(4) on the recommendation of counsel that public discussion would impair the ability of the City Attorney to adequately defend the City.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to enter into Executive Session to discuss Agenda Items 13, 14 and 15. Motion carried 7-0.

AYE: Harrod, Winterringer, Smith, Stephens, Agee, Mainord, Hall
NAY: None

COMMISSION ENTERS EXECUTIVE SESSION AT 9:09 P.M.

COMMISSION RETURNS FROM EXECUTIVE SESSION WITH ALL COMMISSIONERS PRESENT AT 9:53 P.M.

AGENDA ITEM NO. 16: Consider matters discussed in Executive Session regarding City Attorney’s employment contract pursuant to 25 O.S. §307(B)(1).

A motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to adjust the City Manager’s salary in accordance with his contract, with said adjustment retroactive to July 1, 2012. Motion carried 7-0.

AYE: Harrod, Smith, Stephens, Agee, Mainord, Hall, Winterringer
NAY: None

AGENDA ITEM NO. 17: Consider matters discussed in Executive Session regarding City Manager’s employment contract pursuant to 25 O.S. §307(B)(1).

A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to adjust the City Attorney’s salary in accordance with her contract, with said adjustment retroactive to July 1, 2012. Additionally, the City Attorney’s contract shall include a six-month severance benefit. Motion carried 7-0.

AYE: Harrod, Winterringer, Smith, Stephens, Agee, Mainord, Hall
NAY: None

AGENDA ITEM NO. 18: Consideration and possible action on matters discuss in Executive Session regarding of Wilbanks v. City of Shawnee, Pottawatomie County CJ-2012-000478 pursuant to 25 O.S. §307(B)(4) on the recommendation of counsel that public discussion would impair the ability of the City Attorney to adequately defend the City.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to authorize the City Attorney to proceed as directed in Executive Session regarding Wilbanks v. City of Shawnee, Pottawatomie County CJ-2012-000478. Motion carried 7-0.

AYE: Harrod, Smith, Stephens, Agee, Mainord, Hall, Winterringer
NAY: None

AGENDA ITEM NO. 19: Adjournment

There being no further business to be considered, a motion was made by Commissioner Winterringer, seconded by Commissioner Stephens, that the meeting be adjourned. Motion carried 7-0. (9:58 p.m.)

AYE: Winterringer, Stephens, Agee, Harrod, Mainord, Hall, Smith
NAY: None



WES MAINORD, MAYOR

ATTEST:


_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK


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