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Date: 3/4/2013Board: City CommissionDocumentType: MinutesWeb Posted: 3/19/2013 10:00:02 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
MARCH 4, 2013 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, March 4, 2013 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 Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: None

INVOCATION Lord’s Prayer led by Mayor Mainord

FLAG SALUTE Led by Commissioner Winterringer

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. Minutes from the February 19, 2013 regular meeting.

b. Budget Amendment Streets Fund 302
The City Hall Parking Lot Improvements were not budgeted this current Fiscal Year as a project. But, there is enough funds in the unallocated 302 Street Fund Balance to do the project if the City Commission approves the project for letting for bids at their March 4, 2013 Commission Meeting. Since funding would be taken out of the unallocated fund balance, if approved, then it will not impact any other budgeted project.

c. Acknowledge the following minutes:
• Shawnee Beautification Committee minutes from January 10, 2013
• Shawnee Civic and Cultural Development Authority minutes from January 17, 2013
• Traffic Commission minutes from January 22, 2013

d. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Chris Johnson.

e. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Darrell Powell.

f. Acknowledge waiving Sections 8-431 and 8-434 of the Code of the City of Shawnee involving garage sale licenses and fees for the days of May 3-4-5, 2013 to help citizens prepare for the
City's annual Spring clean-up efforts.

g. Authorize staff to advertise for bids on the Proposed City Hall Parking Lot Improvements Project.

h. Authorize Mayor Mainord to nominate City Attorney Mary Ann Karns for placement on the ballot of the Oklahoma Municipal Assurance Group Board for an open position.


i. Traffic Commission Recommendations:

A. Discussion, consideration and possible action to approve bike route map.
STAFF RECOMMENDATION: Staff recommends approval of request

BOARD RECOMMENDATION: Board recommends denial of request

Mayor Mainord asked that Agenda Items numbered 2(b), 2(g) and 2(i) be pulled for separate consideration.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve the Consent Agenda items numbered 2(a-i) less items b, g and i. Motion carried 7-0.

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

Regarding Agenda Item numbers 2(b) and 2(g), Mayor Mainord stated that he ask that these items be pulled from the Consent Agenda because he is concerned about the costs associated with building this parking lot. City Engineer John Krywicki answered questions regarding this item. He spoke regarding monies that were spent for the purchase and demolition of the Al & James building and also provided an estimate of $210,573.00 for the construction costs of the parking lot. Mr. Krywicki noted that the this parking lot would allow for additional employee parking and, with the elimination of some of the current parking spaces on the north side, would offer more safety for fire trucks pulling into the City Hall fire station. Commissioner Smith said he did not want to rush into a decision and would prefer to discuss this further at the April Commission retreat.
After further discussion, a motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve Consent Agenda Item Nos. 2(b) and 2(g). Motion carried 6-1.

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

Regarding Agenda Item No. 2(i), the following citizens spoke in favor of the proposed bike route map: Shawna Turner, Bill Burk, Dean Carlburg, Daniel Lay, Monica Mullins, Larry Smith and Michael Cappo. No one came forward to speak in opposition of the proposal. City Engineer John Krywicki explained that this proposed map covers approximately 15½ miles. He stated the first step is to approve the proposed bike map which identifies the streets; once approved, the designated signage costs will be added in the FY-2013-14 budget for approval. Mr. Krywicki stressed that this proposal is for signage only and does not provide for bike lanes. He noted the Traffic Committee vote on this item was split 3-3 and that the signage costs may have been the issue.
Traffic Commissioner Ron Taffe, who was present at the meeting, came forward and explained his reasons for voting against the proposed route. Among reasons given were his dislike of the proposed route, safety concerns and whether the route is necessary. He further stated that the cost of the signage was approximately $1,000.00 per mile.
A motion was made by Commissioner Hall, seconded by Commissioner Stephens, to approve Consent Agenda Item No. 2(i). Motion carried 4-3.

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

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

Marty Lewis with Gordon Cooper Technology Center (GCTC) gave a status report on the partnership between GCTC and the Shawnee Police Department, which utilizes training space at the GCTC campus. Mr. Lewis shared that over 3,000 law enforcement officials have been trained and over 30,000 training hours have been logged. This training was also utilized by tribal, county and other municipal officers. He stated Shawnee Police Department has a commitment to training and he looks forward to additional partnerships.

AGENDA ITEM NO. 4: Presentation by Arledge & Associates, P.C. of audited financial statements for the City of Shawnee and Related Authorities for the Fiscal Year 2011-2012.

LaDonna Sinning with Arledge & Associates, P.C. reported that the Comprehensive Annual Financial Report (CAFR) meets all standards. She stated it received an unqualified opinion with no corrections needed. When discussing the single audit report she discussed some requirements concerning grant money that has now been addressed. It was also given an unqualified opinion. She next discussed the Yellow Book Report in which they offer no opinion but found some items that need to be addressed due to Oklahoma law requirements. Those items concerned over-spending of budget, one fund with a negative balance and grant revenue and spending requirements.
Commissioner Harrod had questions regarding compensated absences and stated that the City should check to see what other cities are doing with respect to accumulating leave immediately upon hiring.

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE MUNICIPAL AUTHORITY AND SHAWNEE AIRPORT AUTHORITY (7:57 p.m.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (8:22 p.m.)

AGENDA ITEM NO. 5: Consider and take action with respect to a resolution approving action taken by the Shawnee Municipal Authority authorizing issuance, sale and delivery of a promissory note of the authority to the Oklahoma Water Resources Board; ratifying and confirming a lease agreement and operation and maintenance contract, as amended, whereby The City Of Shawnee leased its water and sanitary sewer systems to the Shawnee Municipal Authority; declaring an emergency; and containing other provisions related thereto.

Resolution No. 6442 was introduced.

A RESOLUTION APPROVING ACTION TAKEN BY THE SHAWNEE MUNICIPAL AUTHORITY AUTHORIZING ISSUANCE, SALE AND DELIVERY OF A PROMISSORY NOTE OF THE AUTHORITY TO THE OKLAHOMA WATER RESOURCES BOARD; RATIFYING AND CONFIRMING A LEASE AGREEMENT AND OPERATION AND MAINTENANCE CONTRACT, AS AMENDED, WHEREBY THE CITY OF SHAWNEE LEASED ITS WATER AND SANITARY SEWER SYSTEMS TO THE SHAWNEE MUNICIPAL AUTHORITY; DECLARING AN EMERGENCY; AND CONTAINING OTHER PROVISIONS RELATED THERETO.

A motion was made by Commissioner Winterringer, seconded by Commissioner Smith, to approve a resolution approving action taken by the Shawnee Municipal Authority authorizing issuance, sale and delivery of a promissory note of the authority to the Oklahoma Water Resources Board; ratifying and confirming a lease agreement and operation and maintenance contract, as amended, whereby The City Of Shawnee leased its water and sanitary sewer systems to the Shawnee Municipal Authority; declaring an emergency; and containing other provisions related thereto. Motion carried 7-0.

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

Resolution No. 6442 was adopted by the City Commission.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve emergency clause relating to Resolution No. 6442. Motion carried 7-0.

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

AGENDA ITEM NO. 6: Consider a resolution declaring certain items of personal property and describing said items no longer needed by the City of Shawnee and authorizing sale of the items at public auction.

Resolution No. 6443 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 PUBLIC AUCTION.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve a resolution declaring certain items of personal property and describing said items no longer needed by the City of Shawnee and authorizing sale of the items at public auction.
Motion carried 70.

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

Resolution No. 6443 was adopted by the City Commission.

AGENDA ITEM NO. 7: Discussion, consideration and possible approval of contract with Water’s Edge Aquatic Design, LLC, for Architectural/Engineering Services for the Shawnee Municipal Pool.


Director of Operations James Bryce gave the staff report and recommendation that the pool contract be awarded to Water’s Edge Aquatic Design, LLC. Mr. Jeff Bartley with Waters Edge Aquatic Design presented a PowerPoint regarding the pool concept. He stated there are two stages to the project: (1) Plan Development; and (2) Implementation and discussed each in detail.

After Mr. Bartley answered questions from Commissioners, a motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve a contract with Water’s Edge Aquatic Design, LLC, for Architectural/Engineering Services for the Shawnee Municipal Pool. Motion carried 7-0.

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

AGENDA ITEM NO. 8: Discussion regarding status of city employee group insurance and update on any meetings of the Insurance Committee.

A report of the Insurance Committee was given by Vice Mayor Harrod. He listed the dates that the Insurance Committee and the Employee Insurance Work Group has met. He stated the committee is meeting again on March 7, 2013 at 2:00 p.m.

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

City Engineer John Krywicki gave updates regarding the following projects:
1. The Bell Street and Street sidewalk project will take approximately sixty days to complete.
2. The Kickapoo waterline relocation is in process but has had weather delays
3. The Airport Trail project is also in process but has also had weather delays.
4. Repairs to Independence Street, east of Sequoyah School, has begun and should last 4-5 weeks. The majority of the work will be scheduled during Spring Break.

AGENDA ITEM NO. 11: Commissioners Comments

Commissioner Smith addressed the homeless problem in Shawnee. In light of the recent death of a homeless man in Shawnee, Commissioner Smith encouraged Commissioners to be more proactive regarding homeless shelters. He encouraged the Chamber of Commerce and citizens not to ignore this problem.

AGENDA ITEM NO. 12: Adjournment

There being no further business to be considered, a motion was made by Commissioner Winterringer, seconded by Commissioner Hall, that the meeting be adjourned. Motion carried 7-0. (8:51 p.m.)


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



WES MAINORD, MAYOR

ATTEST:

_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK

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