BOARD OF CITY COMMISSIONERS PROCEEDINGS
AUGUST 15, 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, August 15, 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 Steve Smith
Commissioner Ward 5 Commissioner Ward 6
ABSENT: None
INVOCATION Don Lynch
FLAG SALUTE
AGENDA ITEM NO. 1: Consider approval of Agenda.
A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to approve the Agenda. Motion carried 7-0.
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 August 1, 2011 regular meeting.
c. Budget Amendment – SMA
d. Budget Amendment – Police Department
e. Acknowledge the following minutes:
• Planning Commission minutes from July 6, 2011
f. Lake Lease Transfers and Renewals:
Transfers:
• Lot 9 Johnston Tract, 16702 Magnino Road
From: K. Wilson
To: D. & J. Carpenter
• Lot 8 Johnstone Tract, 16704 Magnino Road
From: T. McInturff
To: D. & J. Carpenter
• Lot 7 Renfro Tract, 15813 Sleepy Hollow
From: L. Hinkle
To: C. & L. Spears
• Lot 8 Renfro Tract,m 15809 Sleepy Hollow
From: N. Powell
To: C. & L. Spears
Renewal:
• Lot 2 Coffman Tract, 15405 Perry Road
J. & B. Vrana
g. Approve Memorandum of Understanding between the District Attorney’s Office, 23rd Judicial District and the Shawnee Police Department regarding “Stop Violence Against Women Grant”.
h. Approve agreement with the Oklahoma Tax Commission for Administration of the City of Shawnee Sales and Use Tax Ordinances.
i. Approve Oklahoma Municipal Retirement Fund Normal Retirement for Mike McClendon, Maintenance II, Water Distribution.
j. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Kelly Bradshaw.
k. Authorize staff to request qualifications from engineering firms to provide professional services to complete a Multi-Phase Comprehensive Utility System Master Plan. SMA
l. Authorize staff to bid out the purchase of a valve insertion tool for the Water Distribution Department. SMA
m. Authorize staff to go out for bids for the recoating and installation of new bearings for one set of screw pumps at the Northside Wastewater Treatment Plant. SMA
n. Approve contract with Shaughnessy Group for City Connect production.
o. Approve agreement to execute right-of-way document to ONG for installation of a new gas main to serve the airport terminal and adjacent hangar.
p. Approve City Manager contract.
q. Authorize staff to solicit proposals for snow removal assistance.
Commissioner Harrod requested that Consent Agenda Items h and k be pulled for separate consideration. A motion was made by Commissioner Sims, seconded by Commissioner Collier, to approve the Consent Agenda Items a-q, less items h and k. Motion carried 7-0.
Regarding Consent Agenda Item 2-h, the agreement with the Oklahoma Tax Commission for Administration of the City of Shawnee Sales and Use Tax Ordinances, Commissioner Harrod questioned whether this agreement broadened the scope of the City’s authority in the collection of sales tax. City Manager Brian McDougal stated that it did not give us more authority regarding collection. Mr. McDougal explained, however, that the City of Tulsa recently was successful in their attempt to collect their own sales tax instead of the collection process going through the Oklahoma Tax Commission. Mr. Matt Love, the City’s labor attorney, who was present at this meeting on behalf of City Attorney Mary Ann Karns, stated that there was a group of cities trying to break free from the Oklahoma Tax Commission collection process. It was Mr. Love’s opinion that this agreement is possibly an attempt to appease cities by giving them some limited authority.
After continued discussion of the matter, it was decided to defer this item to the next City Commission meeting so that additional information could be provided.
A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to defer the Consent Agenda Item 2-h to the September 6, 2011 City Commissioner meeting. Motion carried 7-0.
Regarding Consent Agenda Item 2-k, regarding the Multi-Phase Comprehensive Utility System Master Plan for SMA, Utility Director Jim Bierd addressed the Commission. Mr. Bierd explained the need for a Master Plan that will encompass all phases of water and wastewater needs. This study will estimate future needs in all utility areas and will create a model that will allow for future growth and development. The Master Plan will cost approximately $500,000 to $600,000. It is also important that the Master Plan be updated every five years to re-evaluate projects.
A motion was made by Commissioner Sims, seconded by Vice Mayor Collier, to approve the Consent Agenda Item 2-k. Motion carried 7-0.
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: City Manager’s presentation of Employee of the Month to Whisper Peace and Robin Riddle.
Whisper Peace and Robin Riddle were present to accept the Employee of the Month Certificate presented by City Manager Brian McDougal.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance to rezone property located at 606 East Seymour from R-1; Single Family Residential to R-3; Mulit-Family Dwelling. Case P09-11 Applicant: Abner Monterroso
Deferred from July 6, 2011
Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property located at 606 East Seymour from R-1; Single Family Residential to R-3; Multi-Family Dwelling.
Mayor Peterson asked if any person wished to speak in favor of or in protest of the rezoning. No one appeared and the public hearing was closed.
A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to approve the rezoning of this property located at 606 East Seymour from R-1; Single Family Residential to R-3; Mulit-Family Dwelling.
Ordinance No. 2460NS was introduced and the title read aloud.
ORDINANCE NO. 2460NS
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: LOTS FIFTEEN (15), SIXTEEN (16), SEVENTEEN (17) AND EIGHTEEN (18), BLOCK THIRTY-EIGHT (38), BEVERLY HILLS ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF…LESS AND EXCEPT THE EAST EIGHT (8) FEET OF LOT EIGHTEEN (18), POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF REZONING SAID PROPERTY FROM R-1; SINGLE FAMILY RESIDENTIAL TO R-3; MULTI-FAMILY DWELLING AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.
City Manager Brian McDougal announced that sales tax receipts for last month were 1.96% over last year’s receipts. Mr. McDougal further stated that he felt the City was on target for the year.
AGENDA ITEM NO. 7: Discussion regarding dates for the Capital Improvement Plan public meetings.
After lengthy discussion, the following dates and times were set:
August 29, 2011 at 6:30 p.m. at Shawnee Regional Airport
August 30, 2011 at 6:30 p.m. at Heart of Oklahoma Expo Center
September 6, 2011 at 7:30 p.m. (following City Commission meeting) at City Hall
Mr. McDougal and staff will determine the projects to be discussed at each meeting and will provide Commissioners and the public with that information when it becomes available.
AGENDA ITEM NO. 8: Consider Bids:
a. Beard Street Widening Project from Farrall to North Canadian River Bridge. Contract No. COS-PW-10-03 (Open)
BIDDER AMOUNT
Haskell Lemon Construction $574,267.50
Oklahoma City, OK
Shell Construction Co. Inc. $444,326.25
Oklahoma City, OK
Rudy Construction Co. $458,613.00
Oklahoma City, OK
All Roads Paving, Inc. $367,732.70
Oklahoma City, OK
T.J. Campbell Construction Co. $499,662.25
Oklahoma City, OK
Engineer’s Estimate $450,000.00
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 Winterringer, to defer the bid award to the September 6, 2011 City Commission meeting. Motion carried 7-0.
b. Rehabilitate Runway 17-35; Grade Safety and Construction Connecting Taxiway. AIP Project 3-40-0088-015-2011.- Contract No. COS-PW-11-01 (Award)
Assistant Airport Manager Rex Hennen announced that no recommendation has been received from the FAA at this time. Staff recommended to defer the bid award to the next meeting until the FAA recommendation is received.
A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to defer the bid award to the September 6, 2011 City Commissioner meeting. Motion carried 7-0.
Mr. Hennen also reported to Commissioners that the taxiway project should be completed by the end of the month.
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
Director of Operations James Bryce reported that Lowes has completed repairs to Kidspace Park. The funding was provided by Lowes Community Project Grant. Some of the items repaired include flowerbeds, repainting of the restrooms, sidewalks and repairs to the playground equipment.
Mr. Bryce further reported that the work would begin soon on resurfacing Lake No. 2 parking lot, followed by resurfacing work on Lake No. 1 parking lot.
Further, in reference to lake matters, he noted that the floating fishing dock sustained damage in a recent storm and is now closed until repairs can be made.
Several departments briefed the Commission on how their departments performed during the recent water emergency.
Emergency Management Director Don Lynch spoke regarding the immediate response to the situation and the activation of the emergency operations center. He also spoke about the coordinated effort between other city agencies and response teams.
Utility Director Jim Bierd explained that the problem began with a split in the line on Kickapoo which then separated. A series of smaller breaks occurred which did not allow the system to recover quickly. Mr. Bierd reported the City had 42 line breaks in an 11 day period. According to Bierd, a lesson learned from this event will be to call in outside contractors immediately should an event of this magnitude happen in the future.
Fire Chief Jimmy Gibson addressed the fire suppression aspect of the water emergency. Chief Gibson assured Commissioners that McLoud and Tecumseh fire departments were immediately placed on standby in case assistance was needed. With these other cities on standby for mutual aid, there was approximately 9,000 gallons of water available to fight structure fires. Chief Gibson said that City trucks hold approximately 3,000 gallons of water and that amount alone is usually sufficient to suppress most structure fires.
Mr. Lynch wrapped up the topic by discussing the use of Blackboard Connect during this water event. In the future, phone calls will be limited to updates every 3 - 4 hours if there has been no change in the situation, or immediately if there is a substantial change which residents should be made aware of.
City Engineer John Krywicki gave a report on the Kickapoo Street Project. Mr. Krywicki met recently with the Oklahoma Department of Transportation and stated that the plans, corrections and revisions are 75% complete. The following deadlines are currently in effect: Plan revisions and corrections due by September 21, 2011; legal right of entry due September 30, 2011 and certified clearance of utilities also due on September 30, 2011.
AGENDA ITEM NO. 11: Commissioners Comments
Vice Mayor Collier spoke of how well staff and other agencies coordinated efforts during the water emergency. He stated he was impressed with how efficiently each individual department performed their emergency plans. He further thanked the Shawnee Economic Development staff for assisting with his meeting with the Japanese ambassador.
Mayor Peterson thanked Vice Mayor Collier for his leadership during her absence.
Commissioner Winterringer mentioned a phone call he had received from Jim Thorpe Academy regarding children getting their feet wet, and would like to see sidewalks built in that area.
Commissioner Winterringer also stated that the high grass around town was getting out of control.
AGENDA ITEM NO. 12: Consider and Executive Session to discuss the status of negotiations with the IAFF, Local No. 203, for a Collective Bargaining Agreement for FY 2011-2012 as authorized by 25 O.S. §307(B)(2).
A motion was made by Commissioner Sims, seconded by Commissioner Stephens, to enter into Executive Session to discuss the status of negotiations with the IAFF, Local No. 203, for a Collective Bargaining Agreement for FY 2011-2012 as authorized by 25 O.S. §307(B)(2). Motion carried 7-0.
AYE: Sims, Stephens, Harrod, Peterson, Collier, Winterringer, Smith
NAY: None
AGENDA ITEM NO. 13: Consider and Executive Session to discuss the status of negotiations with the IUPA, Local No. 3, for a Collective Bargaining Agreement for FY 2011-2012 as authorized by 25 O.S. §307(B)(2).
A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to enter into Executive to discuss the status of negotiations with the IUPA, Local No. 3, for a Collective Bargaining Agreement for FY 2011-2012 as authorized by 25 O.S. §307(B)(2). Motion carried 7-0.
COMMISSION RETURNS FROM EXECUTIVE SESSION WITH ALL COMMISSIONERS PRESENT AT 8:32 P.M.
AGENDA ITEM NO. 14: Consider matters discussed in Executive Session regarding the status of negotiations with the IAFF, Local No. 203, including consideration of a possible resolution of the FY 2011-2012 Collective Bargaining Agreement.
A motion was made by Vice Mayor Collier, seconded by Commissioner Winterringer, to direct staff to draft a contract with IAFF, Local No. 203 on the terms negotiated for presentation at the next City Commission. Motion carried 7-0.
AGENDA ITEM NO. 15: Consider matters discussed in Executive Session regarding the status of negotiations with the IUPA, Local No. 3, including consideration of a possible resolution of the FY 2011-2012 Collective Bargaining Agreement.
A motion was made by Vice Mayor Collier, seconded by Commissioner Sims, to direct staff to continue with prior contract as work rules, except for any items in dispute and furlough days. Motion carried 7-0.
There being no further business to be considered, a motion was made by Commissioner Winterringer, seconded by Commissioner Sims, that the meeting be adjourned. Motion carried 7-0. (8:36 p.m.)
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