Date: 4/18/2011Board: City CommissionDocumentType: MinutesWeb Posted: 5/13/2011 2:11:27 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
APRIL 18, 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, April 18, 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:

INVOCATION REV. LEROY KERBO
OAK PARK CHURCH OF GOD

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda.

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

AYE: Harrod, Collier, Winterringer, Smith, Stephens, Sims, 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 12

b. Minutes from the April 4, 2011 regular meeting and the April 11, 2011 special call meeting

c. Acknowledge the following minutes and reports:

• Planning Commission minutes from March 2, 2011
• Shawnee Urban Renewal Authority minutes from March 1, 2011
• Sister Cities Council meeting minutes from February 8 and March 8, 2011

d. Acknowledge resignation of Carl Holt from the Beautification Committee.

e. Authorize SMA staff to receive bids on a flusher truck for the Wastewater Collection Department.

f. Acknowledge Mayor’s Appointments:

Traffic Commission

Wayne Ardrey term expires 1/1/14 1st Full Term
Ronald Taffe term expires 1/1/14 1st Full Term

g. Acknowledge receipt of applications for the Planning Commission by Carl Holt and Taylor Prince.

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

AYE: Harrod, Winterringer, Smith, Stephens, Sims, 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: Public hearing and consideration of an ordinance to rezone property from R-3; Multi-Family Residential to C-1; Neighborhood Commercial for property located at 610 N. Broadway. (Applicant: Bruce Lilley)

Mayor Peterson opened the public hearing; with no persons wishing to speak, Mayor Peterson closed the public hearing.

A motion was made by Commissioner Harrod, seconded by Commissioner Stephens, to approve Ordinance 2454NS rezoning the property at 610 N. Broadway from R-3; Multi-Family Residential to C-1; Neighborhood Commercial as per staff recommendation. The title of Ordinance No. 2454NS was then read into the record

ORDINANCE NO. 2454NS

AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, TO-WIT: LOT FIVE (5), BLOCK SIX (6), DEXTER’S ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF; REZONING SAID PROPERTY FROM R-3; MULTI-FAMILY RESIDENTIAL TO C-1; NEIGHBORHOOD COMMERCIAL; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY

Motion carried 7-0.

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

AGENDA ITEM NO. 5: Annual presentation for the Shawnee Economic Development Foundation, by Tim Burg, Executive Director.

Mr. Burg addressed the Commission and presented the annual report for the Shawnee Economic Development Foundation. Mr. Burg addressed the topics of Retail, Business Expansion, Aerospace & Aviation, Site Selectors & Developers, Housing, Communication and Marketing, Infrastructure and Databases/GIS. Regarding SEDF’s funding request for FY 2011-12, Mr. Burg reminded Commissioners of the funding reduction in FY 2010-11 wherein SEDF received the sum of $224,200 from the City. He is requesting that funding levels be restored to the previous annual amount of $243,800.

AGENDA ITEM NO. 6: Presentation by Tracy Walker with the YMCA on schedule and fees for the Municipal Pool.

Executive Director Tracy Walker presented the yearly schedule for the Woodland Aquatics Center. Ms. Walker stated that the pool would be opened on Memorial Day this year. She announced some of the special programs included in this year’s schedule are water aerobics, water jogging, swim lessons and twilight swimming. Admission prices will not be increased this season.

AGENDA ITEM NO. 7: Consider approval of Citizen Participation Plan (CPP) for the City of Shawnee and Community Development Office.


A motion was made by Vice Mayor Sims, seconded by Commissioner Winterringer, to approve the Citizen Participation Plan (CPP) for the City of Shawnee and Community Development Office. Motion carried 7-0.

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

AGENDA ITEM NO. 8: Consider acceptance of utility easement(s) for the Margaret Manor Development that will be located just north of Cedar Terrace Apartments on the east side of Union Street approximately 360 feet north of MacArthur.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to accept the utility easement(s) for the Margaret Manor Development that will be located just north of Cedar Terrace Apartments on the east side of Union Street approximately 360 feet north of MacArthur. Motion carried 7-0.

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

AGENDA ITEM NO. 9: Consider acceptance and placing maintenance bond into effect for Contract No. COS-PW-10-02 Metal Storage Building for Public Works.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to accept and place the maintenance bond into effect for Contract No. COS-PW-10-02 Metal Storage Building for Public Works. Motion carried 7-0.

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

AGENDA ITEM NO. 10: Consider entering into contract with Guy Engineering for engineering services for the rehabilitation of various bridges within the City of Shawnee.

City Engineer John Krywicki explained that this contract is the next step in correcting bridge deficiencies within the City of Shawnee. Mr. Krywicki recommended that Package 1: Repairs and rehabilitation to the Lake Road Bridge and the equalization bridge at the Shawnee Lake Canal and Package 3: Preparation of a Bridge Maintenance Plan, be the first projects done, with funding coming from the current year budget, where approximately $600,000 has been budgeted. Additional repairs on other bridges will be addressed in the FY 2011-12 budget.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Sims, to approve staff’s recommendation to enter into a contract with Guy Engineering and approve proceeding with Package 1 and Package 3 of Guy Engineering’s proposal. Motion carried 7-0.

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

AGENDA ITEM NO. 11: Acknowledge Sales Tax Report received April 2011.

Finance Director Cindy Sementelli reported on the latest sales tax report which indicates a slight increase (5.66%) over the same time last year. Ms. Sementelli stated that historically sales tax revenue during this time frame has been low. She further reported that we are currently $735,881 over amounts budgeted for this fiscal year.

AGENDA ITEM NO. 12: Consider Bids:

a. Water Treatment Plant Chemical Building HVAC System (Open)

Utility Director announced that no bids were received for this project and would like to review the plans and specs and re-bid the project.

A motion was made by Commissioner Harrod, seconded by Vice Mayor Sims, to approve this project to be re-bid at a later date. Motion carried 7-0.

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

b. Water Rescue Boat Tandem with Dual Trailer (Fire Department)

Deputy Fire Chief Dru Tischer announced that two bids were received and after review and consideration it was their recommendation to award the bid to Erik Johnson of Kingwood, Texas in the amount of $37,800.
A motion was made by Commissioner Stephens, seconded by Commissioner Collier, to accept staff’s recommendation and award the bid to Erik Johnson in the amount of $37,800. Motion carried 7-0.

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

c. Mall Drive Turn Lanes Project COS-PW-10-04 (Award)

City Engineer Krywicki noted that seven bids were received for this project. After research and review it is Mr. Krywicki’s recommendation to award this project to the low bidder, All Roads Paving, in the amount of $248,444.01.
Mr. Krywicki noted that there is currently not enough funding budgeted for this project since the scope was enlarged. However, Mr. Krywicki further noted that the budgeted Closed Circuit Impact Plant (rock crusher) would not be purchased this year, therefore the additional funds needed for the paving project could be funded from that budget line item. Mr. Krywicki stated that, if approved, he would follow up this action with a budget transfer at the next city commission meeting.
A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to award the Mall Turn Lane Project to All Roads Paving in the amount of $248,444.01. Motion carried 7-0.

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

AGENDA ITEM NO. 13: 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. 14: Administrative Reports

Interim Director of Operations James Bryce informed the Commission that we were still waiting on a decision from the Department of Wildlife regarding grants for the boat docks at Shawnee Twin Lakes.
Mr. Bryce further noted that the Dog Park was nearing completion with a grand opening/ribbon cutting ceremony planned soon. More information will be provided when known.

AGENDA ITEM NO. 15: Commissioners Comments

Commissioner Harrod asked staff about the upcoming city auction. James Bryce replied that he plans on having an ordinance and inventory list of surplus property at the next city commission meeting.
Commissioner Stephens welcomes new City Attorney Mary Ann Karns to her first Commission meeting.

AGENDA ITEM NO. 16: Consider an Executive Session to discuss status of Collective Bargaining Agreement with the IUPA, Local No. 3, for FY 2010-2011 as authorized by 25 O.S. §307(B)(2).

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to enter into Executive Session to discuss status of Collective Bargaining Agreement with the IUPA, Local No. 3, for FY 2010-2011 as authorized by 25 O.S. §307(B)(2). Motion carried 7-0.

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

COMMISSION ENTERS EXECUTIVE SESSION AT 7:21 P.M.

COMMISSION RETURNS FROM EXECUTIVE SESSION WITH ALL COMMISSIONERS PRESENT AT 7:33 P.M.

AGENDA ITEM NO. 17: Consider matters discussed in Executive Session regarding status of Collective Bargaining Agreement with the IUPA, Local No. 3, for FY 2010-2011 as authorized by 25 O.S. §307(B)(2).

A motion was made by Commissioner Winterringer, seconded by Commissioner Harrod, to authorize the City Manager to enter into negotiations with the IUPA Local No. 3 regarding the waiver of the final furlough day set out in the 2010-2011 contract. Motion carried 7-0.

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

AGENDA ITEM NO. 18: Adjournment

There being no further business to be considered, a motion was made by Vice Mayor Sims, seconded by Commissioner Winterringer, that the meeting be adjourned. Motion carried 7-0. (7:36 p.m.)

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

LINDA PETERSON, MAYOR
(SEAL)

ATTEST:


PHYLLIS LOFTIS,
CITY CLERK

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