BOARD OF CITY COMMISSIONERS PROCEEDINGS
JUNE 18, 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, June 18, 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
John Winterringer Steve Smith
Commissioner Ward 5 Commissioner Ward 6
ABSENT: None
INVOCATION Rev. Ray Belford
First Christian Church
FLAG SALUTE
AGENDA ITEM NO. 1: Consider approval of Agenda.
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve the Agenda. Motion carried 7-0.
AYE: Harrod, Sims, Stephens, Peterson, Collier, Winterringer, Smith
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 15 and Agenda Item Number 4 on the Shawnee Municipal Authority Agenda.
b. Minutes from the June 4, 2012 regular meeting.
c. Budget Amendment General Fund – Housekeeping to cover additional expenses
d. Budget Amendment General Fund – to accommodate retirements and grants and unemployment
e. Acknowledge the following minutes and reports:
• Planning Commission minutes from April 4, 2012 and May 2, 2012
• Shawnee Urban Renewal Authority minutes from May 8, 2012
• Project Payment Report for May 2012
• License Payment Report for May 2012
f. Approve Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Chris Dunlap.
g. Approve Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Brandon Remington.
h. Acknowledge annual budget for FY 2012-2013 for the Pioneer Library System.
i. Acknowledge resignation of Carl Holt from the Planning Commission effective June 7, 2012.
j. Approve recommendation of the Community Service Contract Review Committee for renewal of an agreement with Central Oklahoma Community Action Agency, Inc., (operating as Central Oklahoma Transit System) hereinafter “COTS” for Fiscal Year 2012-2013.
On the advice of the City Attorney, Mayor Peterson requested that Item 2(a) be pulled for clarification purposes. Mayor Peterson also noted a Scribner’s error in the June 6, 2012, City Commission minutes and asked for that item to be discussed separately, as well. A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve the Consent Agenda Items a-j, (Less items 2 (a) and 2 (b)). Motion carried 7-0.
AYE: Harrod, Sims, Stephens, Peterson, Collier, Winterringer, Smith
NAY: None
Regarding item 2 (a), it was noted that the bid for the Al & James building demolition was inadvertently left off the agenda, although bids were received for this meeting as specified in the Notice to Bidders. The current agenda shows that there are five bids to be opened, when there are actually 6 bid openings. City Attorney Mary Ann Karns advised that all legal publications and requirements pertaining to the bid had been met and that the opening of bids would not result in any action taken by the Commission at this meeting. It was the decision of the Board to allow the bids for the Al & James building demolition to be opened, although no action will be taken at this meeting regarding a bid award.
Regarding the June 6, 2012 minutes, a correction was requested in one place on page 1, correction will show Commissioner Billy Collier “present” rather than “absent” at said meeting.
A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to acknowledge and recommend the opening of six bids, including the demolition bid for the Al & James building and the correction to the June 6, 2012 minutes. 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 for June to Jennifer Dawson of Emergency Management.
Jennifer Dawson was 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 2015 N. Harrison from CP; Planned Shopping to C-3; Automotive, Commercial and Recreation. Case #P09-12 Applicant: Joe Covey
Mayor Peterson opened the public hearing for public comments. No one appeared to speak in favor/against the rezoning and the public hearing was closed.
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve the ordinance to rezone property located at 2015 N. Harrison from CP; Planned Shopping to C-3; Automotive, Commercial and Recreation.
Ordinance No. 2479NS was introduced.
ORDINANCE NO. 2479NS, AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, TO-WIT: A TRACT OF LAND BEING A PART OF LOT NINE (9), BLOCK FOURTEEN (14), NORTHRIDGE ADDITION, 5TH SECTION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 9 A DISTANCE OF 175.11 FEET S00°25’25”W OF THE NORTHEAST CORNER OF LOT 9; THENCE S00°25’25”W A DISTANCE OF 442.62 FEET TO THE SOUTHEAST CORNER OF SAID LOT 9; THENCE N89°53’33”W ALONG THE SOUTH LINE OF SAID LOT 9 A DISTANCE OF 449.29 FEET; THENCE N00°06’27”E A DISTANCE OF 179.97 FEET; THENCE N89°53’33”W A DISTANCE OF 189 FEET; THENCE N01°08’02”E ALONG THE WEST LINE OF SAID LOT 9 A DISTANCE OF 257.45 FEET; THENCE S88°51’58”E A DISTANCE OF 152 FEET; THENCE N01°08’02”E AND PARALLEL TO THE WEST LINE OF SAID LOT 9 A DISTANCE OF 6.91 FEET; THENCE N89°58’59”E AND PARALLEL TO THE NORTH LINE OF SAID LOT 9 A DISTANCE OF 484.04 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM CP; PLANNED SHOPPING CENTER TO C-3; AUTOMOTIVE, COMMERCIAL AND RECREATION AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.
Motion carried 7-0.
AYE: Harrod, Sims, Stephens, Peterson, Collier, Winterringer, Smith
NAY: None
AGENDA ITEM NO. 6: Consider approval of the Shawnee Mission Plaza Section 8 final plat located at the SE corner of N. Kickapoo and Plaza Drive. Case #S08-12
Applicant: Burger Engineering LLC (deferred from May 2 meeting)
A motion was made by Commissioner Sims, seconded by Commissioner Collier, to approve the Shawnee Mission Plaza Section 8 final plat located at the SE corner of N. Kickapoo and Plaza Drive with the following conditions:
1. The signing and recording of the final plat shall not occur until all floodplain requirements have been met to the satisfaction of the City's Floodplain Administrator and in accordance with all Federal and FEMA requirements.
2. Final infrastructure and construction plans (including and engineered drainage plan) shall be submitted by the applicant and approved by the City and the City Engineer prior to construction.
3. Sidewalks are required and shall be included on all submitted improvement plans in accordance with the City's sidewalk ordinance.
4. All other applicable City standards apply
Motion carries 6-0.
AYE: Sims, Collier, Smith, Stephens, Harrod, Peterson
NAY: None
**Commissioner Winterringer was absent during roll call
AGENDA ITEM NO. 7: Consider approval of the Shawnee Bible Church Addition preliminary and final plats located in the 1700 block of E. 45th Street. Case #S09-12 and #S10-12 Applicant: Landes Engineering
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve the Shawnee Bible Church Addition preliminary and final plats located in the 1700 block of E. 45th Street with the following conditions:
1. Final improvements plans shall be approved by the City Engineer prior to construction.
2. Prior to filing (recording) the final plat, the applicant shall commence with making the required and proposed private and public site improvements in accordance with construction plans approved by the City Engineer or otherwise bond the project in accordance with City code.
3. Sidewalks shall be installed in accordance with the City's sidewalk ordinance.
4. All other applicable City standards apply.
Motion carries 6-0.
AYE: Harrod, Sims, Peterson, Collier, Smith, Stephens
NAY: None
**Commissioner Winterringer was absent during roll call.
AGENDA ITEM NO. 8: Consider approval of an ordinance for a drought management plan.
Utility Director Jim Bierd noted that the Drought Management Plan is also included in the Yield Study. Commissioner Harrod had some concerns regarding lake levels during the most severe drought stages. Mr. Bierd stated that if the drought conditions ever reach the severe stage, additional restrictions could be put in place.
A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to approve the ordinance adopting a drought management plan.
Ordinance No. 2480 NS was introduced.
ORDINANCE NO. 2480NS, AN ORDINANCE RELATING TO A DROUGHT MANAGEMENT PLAN FOR THE CITY OF SHAWNEE, OKLAHOMA, REPEALING AND AMENDING SECTIONS 26-67 AND 26-67.1 OF THE SHAWNEE MUNICIPAL CODE, SETTING FORTH VOLUNTARY AND MANDATORY RESTRICTIONS FOR WATER USE IN CASE OF WATER SHORTAGES, PROVIDING FOR PENALTIES, PROVIDING FOR REPEALER, PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY.
No motion was made concerning the Emergency Clause; this ordinance will become effective in 30 days from this date.
AGENDA ITEM NO. 9: 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.
City Engineer John Krywicki addressed this item and noted that the project was scheduled to begin on July 15, 2012 and be completed by August 24, 2012. Mr. Krywicki noted that the liquidated damages clause would go into effect at $1,000 per day after August 24, 2012 if the project is not completed by that time. Ms. Deanna Atkinson of Oklahoma Environmental, Inc. advised Commissioners of the current status of the project and their projected timetable. A motion was made by Commissioner Sims, seconded by Commissioner Smith, to approve an 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 7-0.
AGENDA ITEM NO. 10: Consider a resolution of support for economic development and affordable housing for the Absentee Shawnee Housing Authority.
Resolution No. 6427 was introduced and the title read aloud.
A RESOLUTION OF SUPPORT FOR ECONOMIC DEVELOPMENT AND AFFORDABLE HOUSING FOR THE BENEFIT OF THE CITIZENS OF SHAWNEE, OKLAHOMA; AND SUPPORT OF TAX CREDIT AWARD FOR THE CONSTRUCTION OF AFFORDABLE HOUSING DEVELOPMENT IN THE CITY OF SHAWNEE, OKLAHOMA.
A motion was made by Commissioner Sims, seconded by Commissioner Stephens, to approve Resolution No. 6427 supporting economic development and affordable housing for the Absentee Shawnee Housing Authority. Motion carried 6-1.
AYE: Sims, Stephens, Peterson, Collier, Winterringer, Smith
NAY: Harrod
AGENDA ITEM NO. 11: Consider a resolution adopting the budget for the City of Shawnee and related Authorities for the period of July 1, 2012 through June 30, 2013 finding all things requisite and necessary have been done in preparation and presentation of budget.
Commissioners discussed at length several budget concerns. Commissioner Harrod stated that he has spoken with City Manager Brian McDougal, who has agreed to postpone appointment of Assistant City Manager positions until January, 2013. The funds, however, will remain in the City Manager’s budget pending appointments at a later time. Commissioner Harrod also received confirmation that the maintenance building at Shawnee Twin Lakes still remains in the Shawnee Municipal Authority budget. Regarding the water rate increases due to begin July 1, 2012, Mayor Peterson requested that the increases be postponed until November, 2012.
Resolution No. 6428 was introduced and the title read aloud.
A RESOLUTION APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF SHAWNEE, OKLAHOMA FOR THE PERIOD JULY 1, 2012 THROUGH JUNE 30, 2013 FINDING ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTATION OF SAID BUDGET.
A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to approve a resolution adopting the budget for the City of Shawnee and related Authorities for the period of July 1, 2012 through June 30, 2013 finding that all things requisite and necessary have been done in preparation and presentation of budget; further that water rate increases scheduled to become effective July 1, 2012 be postponed until November, 2012. Motion carried 7-0.
Finance Director Cindy Sementelli gave the sales tax report for June, 2012, noting that sales tax were $8,330.00 higher than last year’s receipts. The June sales tax received, plus interest, was $1,284,871.93.
AGENDA ITEM NO. 13: Consideration and possible action on Collective Bargaining Agreement between Local #3, IUPA, and City of Shawnee, for July 1, 2012 through June 30, 2013.
A motion was made by Commissioner Sims, seconded by Commissioner Winterringer to approve the Collective Bargaining Agreement with the Local #3 IUPA. Motion carried 7-0.
AGENDA ITEM NO. 14: Consideration and possible action on Collective Bargaining Agreement and Memorandum of Understanding between Local #206, IAFF, and the City of Shawnee, for July 1, 2012 through June 30, 2013.
A motion was made by Commissioner Sims, seconded by Commissioner Collier to approve the Collective Bargaining Agreement and the Memorandum of Understanding with Local #206 IAFF. Motion carried 7-0.
Crawford Roofing Base Bid: $196,420
Alternate: N/A
Mid-American Roofing Base Bid $139,793
Alternate: $ 18,342
Universal Roofing Base Bid: $168,510
Alternate: $ 22,890
Director of Operations James Bryce read the bids into the record and explained that the alternate bid was for a felt material that would increase hail protection from 1” to 2” hail. Mr. Bryce asked that the bid award be deferred to the next meeting to evaluate the bids and to check references.
A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to defer the bid award to the next City Commission meeting. Motion carried 7-0.
b. Bryan and Independence Streets Signalization Project Contract No. COS-PWA-11-08 (Open)
BIDDER AMOUNT
Traffic & Lighting Systems, LLC $198,562.60
Oklahoma City, OK
Midstate Traffic Control, Inc. $222,849.00
Oklahoma City, OK
Shell Construction Co., Inc. $223,834.30
Oklahoma City, OK
Engineer’s Estimate $350,000.00
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 Winterringer, seconded by Commissioner Stephens, to defer the bid award to the next City Commission meeting. Motion carried 7-0.
AYE: Winterringer, Stephens, Sims, Harrod, Peterson, Collier, Smith
NAY: None
c. Kulhbird Lane Hazard Mitigation Project Contract No. COS-PW-11-09 (Open)
BIDDER AMOUNT
C-P Integrated Services, Inc. $54,211.30
Oklahoma City, OK
Nash Construction Company $56,505.00
Oklahoma City, OK
Rudy Construction $57,015.00
Oklahoma City, OK
Engineer’s Estimate $75,000.00
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 next City Commission meeting. Motion carried 7-0.
d. FY11-12 Rehab Asphalt Streets Project Contract No. COS-PW-11-10 (Open)
BIDDER AMOUNT
Nash Construction $589,090.00
Oklahoma City, OK
All Roads Paving, Inc. $693,388.10
Oklahoma City, OK
Rudy Construction Co. $718,900.50
Oklahoma City, OK
T.J. Campbell Construction Co. $803,983.50
Oklahoma City, OK
Engineer’s Estimate $650,000.00
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 next City Commission meeting. Motion carried 7-0.
e. FY11-12 Rehab Concrete Streets Project Contract No. COS-PW-11-11 (Open)
BIDDER AMOUNT
C-P Integrated Services, Inc. $637,274.14
Oklahoma City, OK
A-Tech Paving $437,700.00
Edmond, OK
Nash Construction $412,505.00
Oklahoma City, OK
All Roads Paving, Inc. $387,409.00
Oklahoma City OK
Rudy Construction $399,920.00
Oklahoma City, OK
Continental Construction Corp. $501,862.90
Edmond, OK
Engineer’s Estimate $350,000.00
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 next City Commission meeting. Motion carried 7-0.
f. The Demolition of Structure Located at 217 N. Beard
BIDDER AMOUNT
Midwest Wrecking Co. $83,485.00
Edmond, OK
A-1 Dozer $59,400.00
Shawnee, OK
K & M Wrecking LLC $52,300.00
Oklahoma City, OK
M & M Wrecking Inc. $43,723.00
Blanchard, OK
Southern Rock Equipment $87,700.00
Davis, OK
Community Development Director Justin Erickson read the bids into the record.
AGENDA ITEM NO. 16: 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. 17: Administrative Reports
There were no Administrative Reports
AGENDA ITEM NO. 18: Commissioners Comments
Commissioner Smith announced that he would like to see the Animal Shelter stop euthanizing animals. He recommended that the City look into the matter further and perhaps establish a focus group to study this issue.
Commissioner Sims asked that the subject of mandatory curb-side recycling be discussed at the next City Commission meeting and that current costs from Central Disposal Services be available.
Mayor Peterson asked if there would be a quorum for the July 2, 2012 meeting. Two Commissioners stated they would not be attending, and a third Commissioner did not know whether she could attend at this time. The July 2, 2012 meeting will still be held providing a quorum is available.
Commissioner Winterringer asked about bike lanes on certain city streets and also the possibility of building a golf driving range within the city limits. He asked that the costs of these projects be looked into and reported back at a future meeting.
Commissioner Smith also asked City Engineer John Krywicki to report on the easement purchases on Kickapoo Street. Mr. Krywicki reported that all but four have been signed and that he would be turning all documents over to Oklahoma Department of Transportation by the end of this week.
AGENDA ITEM NO. 19: 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 7-0. (7:51 p.m.)
AYE:
NAY: None
LINDA PETERSON, MAYOR
ATTEST:
PHYLLIS LOFTIS, CMC, CITY CLERK
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