Date: 10/17/2011Board: City CommissionDocumentType: MinutesWeb Posted: 11/8/2011 4:24:35 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
OCTOBER 17, 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, October 17, 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

Absent Billy Collier
Commissioner Ward 3 Commissioner Ward 4-Vice Mayor

John Winterringer Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: James Harrod

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 Sims, seconded by Vice Mayor Collier, to approve the Agenda. Motion carried 6-0.

AYE: Sims, Collier, Winterringer, Smith, Stephens, 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 .

b. Minutes from the October 3, 2011 regular meeting and October 10, 2011 special call meeting.

c. Acknowledge the following minutes and reports:

• Shawnee Urban Renewal Authority minutes from September 7, 2011
• Sister Cities Council minutes from August 9, 2011
• Planning Commission minutes from August 3, 2011 and September 6, 2011
• License Payment Report September 1-30, 2011
• Project Payment Report September 1-30, 2011
d. Approve agreement with Housing Authority of the City of Shawnee for supplemental police services.

e. Acknowledge Pioneer Library System Audited Financial Statement ending June 30, 2011.

f. Authorize staff to advertise for bids on Community Center Fire Suppression System.

g. Authorize staff to let for bids the Expo Parking Lot Improvement Project.

h. Lake Lease Renewals

• Lot 2 Fry Tract, 17404 Magnino Road
H. Land and M. Land

• Lot 3 / 4 Green Tract, 32105 Hornbeck Road
J. Mankin and S. Mankin

• Lot 2 Damron Tract, 33705 Belcher Road
B. Benton

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

AYE: Sims, Collier, Winterringer, Smith, Stephens, Peterson
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:
“Boo on Bell Day”
October 29, 2011

Mr. Pumpkin Head and Ms. Candy Corn accepted the Mayor’s Proclamation for “Boo on Bell Day” presented by Mayor Peterson.

AGENDA ITEM NO. 5: Public hearing and consider an ordinance rezoning property located at 1900 S. Gordon Cooper Drive from A-1; Agricultural to C-3; Automotive, Commercial and Recreation. Case #P11-11 Applicant: React EMS

Community Development Director Justin Erickson announced that this item was continued by the Planning Commission until their November meeting and requested that the City defer this item until the November 7, 2011 City Commission meeting.
A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to defer action on this item until the November 7, 2011 City Commission meeting. Motion Carried 6-0.

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

AGENDA ITEM NO. 6: Public hearing and consider an ordinance rezoning property located at 422 W. Rosa from R-1; Single Family Residential to C-1; Neighborhood Commercial. Case #P12-11 Applicant: Chris Silvia

Mayor Peterson declared a public hearing in session to consider an ordinance rezoning property located at 422 W. Rosa from R-1; Single Family Residential to C-1; Neighborhood Commercial. Lawrence Brooks appeared to speak in protest of rezoning. He stated it would make flooding worse. Mr. Chris Silvia appeared on behalf of the applicant Dr. Kirk Hoster and stated that all landscaping and watershed needs met city code. No one else appeared to speak before or against the proposed ordinance and the public hearing was closed.
A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to approve the ordinance rezoning property located at 422 W. Rosa from R-1; Single Family Residential to C-1; Neighborhood Commercial.

Ordinance No. 2461NS was introduced and the title read aloud.

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 TWENTY-ONE (21) AND TWENTY-TWO (22), BLOCK THIRTY-ONE (31), ROSE GARDEN ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM R-1; SINGLE FAMILY RESIDENTIAL TO C-1; NEIGHBORHOOD COMMERCIAL AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 6-0.

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

AGENDA ITEM NO. 7: Consider approval of Rolling Hills Addition preliminary plat located at 111 N. Bryan. Case #S09-11 Applicant: Absentee Shawnee Housing Authority

A motion was made by Vice Mayor Collier, seconded by Commissioner Sims, to approve the Rolling Hills Addition preliminary plat located at 111 N. Bryan contingent upon the following conditions being met:

1. The Final Plat Application shall include all required submittals specified in the Shawnee Subdivision Standards and all necessary engineering specifications and improvement plans as determined by the City Engineer.
2. Sidewalks are required and shall be included on all submitted improvement plans in accordance with the City's sidewalk ordinance.
3. All other applicable City standards apply.

Motion carried 6-0.

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

AGENDA ITEM NO. 8: Public hearing and consider an ordinance annexing 6.47 acres into the City. Applicant: North Rock Creek School

Mayor Peterson declared a public hearing in session to consider an ordinance annexing 6.47 acres into the City. No one appeared to speak in favor or in protest of this rezoning and the public hearing was closed.

A motion was made by Vice Mayor Collier, seconded by Commissioner Smith, to approve the ordinance annexing 6.47 acres into the City. Motion carried 6-0.

Ordinance No. 2462NS was introduced and the title read aloud.

AN ORDINANCE ANNEXING CERTAIN TERRITORY AND PROPERTY OUTSIDE THE PRESENT CITY LIMITS INTO THE CITY LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, PURSUANT TO TITLE 11 OF THE OKLAHOMA STATUTES; DESCRIBING SAID PROPERTY; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY.

Motion carried 6-0.

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

AGENDA ITEM NO. 9: Presentation from Amy Dunn of Gateway regarding a Certified Healthy Community Grant.

The presentation by Ms. Dunn was a detailed explanation of a grant which will designate the City of Shawnee as a Certified Healthy Community. Gateway is encouraging the City to apply. The grant application is due November 1, 2011 with notification of grant acceptance in December. Due to many policies and ordinances already enforced by the City, much of the grant qualifications have already been met. Depending upon the level of award, the grant could total as much as $60,000.
City Manager Brian McDougal announced that Director of Operations James Bryce will work with Gateway to meet the grant application deadlines.

AGENDA ITEM NO. 10: Consider approval of Certified Healthy Community Grant application.

A motion was made by Commissioner Stephens, seconded by Commissioner Winterringer, to approve the Certified Healthy Community Grant application. Motion carried 6-0.

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

AGENDA ITEM NO. 11: Consider Agreement between the City of Shawnee and Oklahoma Environmental Inc. for doing mitigation and cleanup work for the Oklahoma Corporation Commission on Independence Street just west of Center Street.

Mr. Michael Kennedy, hydrologist with the Oklahoma Corporation Commission, explained this issue to the City Commission. According to Mr. Kennedy, the Sinclair station located at Independence and Center streets, has had leaky fuel tanks for some time. The affected area is partially City right-of-way, and partially private property. Mr. Kennedy stated that it appears that some of the fuel has migrated to the water main and also to the sewer line. The Corporation Commission would like to remove the contamination and repair as soon as possible. It was noted by Mr. Kennedy that the intersection of Center and Independence will not be closed.
Ms. Atkinson of Oklahoma Environmental, Inc., whose company will be doing the repairs, stated that the agreement calls for the work to begin October 25, 2011 and to continue for 30 days.

A motion was made by Commissioner Stephens, seconded by Commissioner Sims, to approve Agreement between the City of Shawnee and Oklahoma Environmental Inc. for doing mitigation and cleanup work for the Oklahoma Corporation Commission on Independence Street just west of Center Street. Motion carried 6-0.

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

AGENDA ITEM NO. 12: Acknowledge Sales Tax report received October, 2011.

Finance Director Cindy Sementelli stated that sales tax revenues were down again this past month. The figures supplied by the Oklahoma Tax Commission showed Shawnee revenues down 5.56% compared to the same time last year. Ms. Sementelli noted that other city revenues, such as franchise fees, have increased which somewhat compensates for the loss in sales tax revenue.

AGENDA ITEM NO. 13: Consideration and action on Staff recommendation to update City’s Workers Compensation leave policy (non-Union employees only).

A motion was made by Commissioner Sims, seconded by Commissioner Stephens, to update the City’s Workers Compensation leave policy (non-Union employees only) from three (3) working days to five (5) working days. Motion carried 6-0.

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

AGENDA ITEM NO. 14: Consider Bids:

a. Tapping Machine, Valve Insertion Equipment (Open)

BIDDER AMOUNT

Water Products of Oklahoma, Inc. $47,200.00
Owasso, OK

Hydra Stop $37,519.00
Alsip, IL

Utility Director Jim Bierd 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 Sims, seconded by Commissioner Smith, to defer the bid award to the November 7, 2011 City Commission meeting. Motion carried 6-0.

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

b. Biosolids Land Application Apparatus (Open)

BIDDER AMOUNT

Warren Cat No Bid
Oklahoma City, OK

Mardell Bottles/Quality Truck $304,341.00
& Equipment Co.
Bloomington, IL

Utility Director Jim Bierd 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 Sims, seconded by Commissioner Stephens, to defer the bid award to the November 7, 2011 City Commission meeting. Motion carried 6-0.

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

c. Safe Routes to School Infrastructure Project COS-PW-11-02 (Open)

BIDDER AMOUNT

C-P Integrated Services, Inc. $105,959.36
Oklahoma City, OK

SAC Services, Inc. $119,690.25
Oklahoma City, OK

A-Tech Paving $148,960.50
Edmond, OK

Shell Construction Co. Inc. $133,334.50
Oklahoma City, OK

Parathon Construction LLC $87,352.50
Edmond, OK

Wade Construction Inc. $93,523.00
Meeker, OK

Rudy Construction LLC $111,989.90
Oklahoma City, OK

CGC LLC $103,734.95
Edmond, OK

Engineer’s Estimate: $92,000.00

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 Sims, seconded by Vice Mayor Collier, to defer the bid award to the November 7, 2011 City Commission meeting. Motion carried 6-0.

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

d. Cutting and Mowing of Rank Weeds, and the Clean-Up of Trash and/or Debris (Open)

BIDDER G&G Services
Shawnee, OK

1. Show Up Fee $0.00 (flat fee)

2. Cutting, Mowing and Debris Removal:
a. Cut up to ¼ acre $30.00 (flat fee)
b. Cut ¼- ½ acre $32.50 (flat fee)
c. Cut ½- ¾ acre $35.00 (flat fee)
d. Cut ¾ to 1 acre $37.50 (flat fee)
e. Cut 1 acre or more/per acre $40.00 (flat fee)

3. Trash and/or Debris Removal:
a. Removal of each ½ ton trash $45.00 (flat fee)
b. Removal of refrigerators or A/C $15.00 (per unit)

4. Tire Disposal:
a. Vehicle Tires $4.00 (per unit)
b. Large Semi/Tractor Tires $5.00 (per unit)
5. a. Trimming trees and bushes $25.00 (per hour)
6. a. Boarding & securing structures $25.00 (per hour)

City Planner Justin Erickson read the bids into the record and requested that the bid be awarded to G&G Services.

A motion was made by Commissioner Winterringer, seconded by Vice Mayor Collier, to award the bid to G&G Services at the unit prices on the bid tabulation form. Motion carried 6-0.

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

AGENDA ITEM NO. 15: 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. 16: Administrative Reports

Assistant Airport Manager Rex Hennen reported on the success of this year’s Pilot’s and Pancakes fly-in. He reported 1500 – 2000 visitors and approximately 50 planes flying in.

AGENDA ITEM NO. 17: Commissioners Comments

Mayor Peterson thanked the Parks Department and Lowes for the remodel/repair of KidSpace Park.

AGENDA ITEM NO. 18: Adjournment

There being no further business to be considered, a motion was made by Commissioner Sims, seconded by Commissioner Winterringer, that the meeting be adjourned. Motion carried 6-0. (7:34 p.m.)

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


LINDA PETERSON, MAYOR

ATTEST:


PHYLLIS LOFTIS, CITY CLERK

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