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Date: 1/5/2015Board: City CommissionDocumentType: MinutesWeb Posted: 1/21/2015 11:15:53 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
JANUARY 5, 2015 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, January 5, 2015 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

Gary Vogel Linda Agee
Commissioner Ward 1 Commissioner Ward 2

James Harrod Keith Hall
Commissioner Ward 3-Vice Mayor Commissioner Ward 4

Lesa Shaw Absent
Commissioner Ward 5 Commissioner Ward 6

ABSENT: Micheal Dykstra
INVOCATION Rev. Leroy Kerbo

FLAG SALUTE Led by Commissioner Hall

AGENDA ITEM NO. 1: Consider approval of Agenda.

A motion was made by Commissioner Hall, seconded by Commissioner Shaw, to approve the Agenda. Motion carried 6-0.

AYE: Hall, Shaw, Vogel, Agee, Harrod, Mainord
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/proposals as set forth in Agenda Item No. 8.

b. Minutes from the December 15, 2014 regular meeting

c. Acknowledge the following reports:
• License Payment Report for November 2014
• Project Payment Report for November 2014

A motion was made by Vice Mayor Harrod, seconded by Commissioner Vogel, to approve the Consent Agenda Item Nos. 2(a-c). Motion carried 6-0.

AYE: Harrod, Vogel, Agee, Mainord, Hall, Shaw
NAY: None

AGENDA ITEM NO. 3: Commissioners Comments

The Mayor asked the Commissioners if they would prefer to have one all-day session or two half day sessions for the planning retreat in January. It was the consensus of the board to have one all-day session on January 23, 2015.

Vice Mayor Harrod stated that he appreciated all of out-going City Manager Brian McDougal’s work and all that he has done while the City Manager at the City of Shawnee.

AGENDA ITEM NO. 4: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)

Don Forshee stated that he appreciated out-going City Manager Brian McDougal and all that he has done for the City. He stated there has been a lot of progress under his leadership. He also commended the board for having Justin Erickson sit in as Interim City Manager.

AGENDA ITEM NO. 5 Presentation of Citation of Appreciation to City Manager Brian McDougal.

Brian McDougal was present to accept the Citation of presented by the Mayor.

AGENDA ITEM NO. 6 Discussion, consideration and possible action on Timothy Thomas’ appeal of an Administrative Order requiring the demolition of the residential structure located at 645 N Broadway. (Deferred from December 15, 2014 City Commission Meeting.)

Justin Erickson provided a staff report. It is staff’s recommendation to deny appeal.
Timothy Thomas was present and requested more time. The board asked questions regarding his plans for improvement of the property. He stated he does not have clear title on the property.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to deny the appeal of the Administrative Order. Motion carried 6-0.

AYE: Harrod, Agee, Mainord, Hall, Shaw, Vogel
NAY: None

AGENDA ITEM NO. 7: Consider a resolution of support indicating favorable consideration for a tax credit award to Zimmerman Properties, LLC to construct a new 48-unit Senior multi-family housing development known as Shawnee Estates approximately ¼ mile East of N. Harrison on Transportation Parkway.

Justin Erickson, Interim City Manager, gave a staff report on both Agenda Item Nos. 7 and 8. Staff has no objection to the resolutions.
Ben Mitchell with Zimmerman Properties, LLC spoke in favor of both resolutions. He stated that when applying for the tax credits, it is better that the applicant has a resolution of support from the municipality.

Resolution No. 6488 was introduced.

A RESOLUTION SUPPORTING THE CONSTRUCTION OF A NEW 48-UNIT SENIOR MULTI-FAMILY HOUSING DEVELOPMENT KNOWN AS SHAWNEE ESTATES DEVELOPMENT BY ZIMMERMAN PROPERTIES, LLC LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA; AND SUPPORTING FAVORABLE CONSIDERATION BE GIVEN FOR TAX CREDIT AWARD FOR THIS DEVELOPMENT.

A motion was made by Commissioner Hall, seconded by Commissioner Agee, to approve a resolution of support indicating favorable consideration for a tax credit award to Zimmerman Properties, LLC to construct a new 48-unit Senior multi-family housing development known as Shawnee Estates approximately ¼ mile East of N. Harrison on Transportation Parkway. Motion carried 6-0.

AYE: Hall, Agee, Harrod, Mainord, Shaw, Vogel
NAY: None

AGENDA ITEM NO. 8: Consider a resolution of support indicating favorable consideration for a tax credit award to Zimmerman Properties, LLC to construct a new 60-unit Family multi-family housing development known as Shawnee Park Apartments approximately ¼ mile East of N. Harrison on Transportation Parkway.

Resolution No. 6489 was introduced.

A RESOLUTION SUPPORTING THE CONSTRUCTION OF A NEW 60-UNIT FAMILY MULTI-FAMILY HOUSING DEVELOPMENT KNOWN AS SHAWNEE PARK APARTMENTS DEVELOPMENT BY ZIMMERMAN PROPERTIES, LLC LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA; AND SUPPORTING FAVORABLE CONSIDERATION BE GIVEN FOR TAX CREDIT AWARD FOR THIS DEVELOPMENT.

A motion was made by Commissioner Agee, seconded by Commissioner Shaw, to approve a resolution of support indicating favorable consideration for a tax credit award to Zimmerman Properties, LLC to construct a new 60-unit Family multi-family housing development known as Shawnee Park Apartments approximately ¼ mile East of N. Harrison on Transportation Parkway. Motion carried 6-0.

AYE: Agee, Shaw, Vogel, Harrod, Mainord, Hall
NAY: None

AGENDA ITEM NO. 9: Consider Bids/Proposals:

a. Proposals for Snow and Ice Removal Assistance (Award)

Total Cost to operate per hour including labor, maintenance, fuel, tires, etc.
Total Cost to operate per hour including labor, maintenance, fuel, tires, etc. Total Cost to operate per hour including labor, maintenance, fuel, tires, etc. Total Cost to operate per hour including labor, maintenance, fuel, tires, etc.
Total Cost per hour to Pre-Position in City’s Public Works Service Center Prior to Storm
Equipment
and
Operators Number of Operator and Equipment
Units Available 8am to 5 pm
Monday through Friday 5pm to 8am Monday through Friday Saturdays
And
Sundays Holidays
Vendor Truck with 8 foot snow plow salt spreader, and Operator
Haskell Lemon
Construction Company

Oklahoma City, OK

0
No Quote No Quote No Quote No Quote No Quote
Silver Star Construction
Company
Moore, OK
5
Possible $ 144
When Available $161
When Available $178
When Available $200
When Available No Quote

Total Cost to operate per hour including labor, maintenance, fuel, tires, etc.
Total Cost to operate per hour including labor, maintenance, fuel, tires, etc. Total Cost to operate per hour including labor, maintenance, fuel, tires, etc. Total Cost to operate per hour including labor, maintenance, fuel, tires, etc.
Total Cost per hour to Pre-Position in City’s Public Works Service Center Prior to Storm
Equipment
and
Operators Number of Operator and Equipment
Units Available 8am to 5 pm
Monday through Friday 5pm to 8am Monday through Friday Saturdays
And
Sundays Holidays
Vendor Road
Grader
Haskell Lemon
Construction Company

Oklahoma City, OK
2 $300 $400 $400 $500 $150
Silver Star Construction
Company
Moore, OK
10
Possible $146.50
When Available $168.00
When Available $190.00
When Available $200.00
When Available $300 Per Unit
When Available

Total Cost to operate per hour including labor, maintenance, fuel, tires, etc.
Total Cost to operate per hour including labor, maintenance, fuel, tires, etc. Total Cost to operate per hour including labor, maintenance, fuel, tires, etc. Total Cost to operate per hour including labor, maintenance, fuel, tires, etc.
Total Cost per hour to Pre-Position in City’s Public Works Service Center Prior to Storm
Equipment
and
Operators Number of Operator and Equipment
Units Available 8am to 5 pm
Monday through Friday 5pm to 8am Monday through Friday Saturdays
And
Sundays Holidays
Vendor Front
End
Loader
Haskell Lemon
Construction Company

Oklahoma City, OK 2 $300 $400 $400 $500 $150
Silver Star Construction
Company
Moore, OK
6
Possible $107
When Available $120
When Available $133
When Available $145
When Available $300 per unit
When Available

Emergency Management Director Don Lynch announced that two bids were received and after review and consideration it was staff’s recommendation to award the bid to both Haskell Lemon Construction Company of Oklahoma City, Oklahoma and Silver Star Construction Company of Moore, Oklahoma to ensure availability of assistance and in the amount listed below:

Total Cost to operate per hour including labor, maintenance, fuel, tires, etc.
Total Cost to operate per hour including labor, maintenance, fuel, tires, etc. Total Cost to operate per hour including labor, maintenance, fuel, tires, etc. Total Cost to operate per hour including labor, maintenance, fuel, tires, etc.
Total Cost per hour to Pre-Position in City’s Public Works Service Center Prior to Storm
Equipment
and
Operators Number of Operator and Equipment
Units Available 8am to 5 pm
Monday through Friday 5pm to 8am Monday through Friday Saturdays
And
Sundays Holidays
Vendor Truck with 8 foot snow plow salt spreader, and Operator
Haskell Lemon
Construction Company

Oklahoma City, OK

0
No Quote No Quote No Quote No Quote No Quote
Silver Star Construction
Company
Moore, OK
5
Possible $ 144
When Available $161
When Available $178
When Available $200
When Available No Quote

Total Cost to operate per hour including labor, maintenance, fuel, tires, etc.
Total Cost to operate per hour including labor, maintenance, fuel, tires, etc. Total Cost to operate per hour including labor, maintenance, fuel, tires, etc. Total Cost to operate per hour including labor, maintenance, fuel, tires, etc.
Total Cost per hour to Pre-Position in City’s Public Works Service Center Prior to Storm
Equipment
and
Operators Number of Operator and Equipment
Units Available 8am to 5 pm
Monday through Friday 5pm to 8am Monday through Friday Saturdays
And
Sundays Holidays
Vendor Road
Grader
Haskell Lemon
Construction Company

Oklahoma City, OK
2 $300 $400 $400 $500 $150
Silver Star Construction
Company
Moore, OK
10
Possible $146.50
When Available $168.00
When Available $190.00
When Available $200.00
When Available $300 Per Unit
When Available

Total Cost to operate per hour including labor, maintenance, fuel, tires, etc.
Total Cost to operate per hour including labor, maintenance, fuel, tires, etc. Total Cost to operate per hour including labor, maintenance, fuel, tires, etc. Total Cost to operate per hour including labor, maintenance, fuel, tires, etc.
Total Cost per hour to Pre-Position in City’s Public Works Service Center Prior to Storm
Equipment
and
Operators Number of Operator and Equipment
Units Available 8am to 5 pm
Monday through Friday 5pm to 8am Monday through Friday Saturdays
And
Sundays Holidays
Vendor Front
End
Loader
Haskell Lemon
Construction Company

Oklahoma City, OK 2 $300 $400 $400 $500 $150
Silver Star Construction
Company
Moore, OK
6
Possible $107
When Available $120
When Available $133
When Available $145
When Available $300 per unit
When Available

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to accept staff’s recommendation and award the bid to both Haskell Lemon Construction Company and Silver Star Construction Company in the total amount listed below:

Total Cost to operate per hour including labor, maintenance, fuel, tires, etc.
Total Cost to operate per hour including labor, maintenance, fuel, tires, etc. Total Cost to operate per hour including labor, maintenance, fuel, tires, etc. Total Cost to operate per hour including labor, maintenance, fuel, tires, etc.
Total Cost per hour to Pre-Position in City’s Public Works Service Center Prior to Storm
Equipment
and
Operators Number of Operator and Equipment
Units Available 8am to 5 pm
Monday through Friday 5pm to 8am Monday through Friday Saturdays
And
Sundays Holidays
Vendor Truck with 8 foot snow plow salt spreader, and Operator
Haskell Lemon
Construction Company

Oklahoma City, OK

0
No Quote No Quote No Quote No Quote No Quote
Silver Star Construction
Company
Moore, OK
5
Possible $ 144
When Available $161
When Available $178
When Available $200
When Available No Quote

Total Cost to operate per hour including labor, maintenance, fuel, tires, etc.
Total Cost to operate per hour including labor, maintenance, fuel, tires, etc. Total Cost to operate per hour including labor, maintenance, fuel, tires, etc. Total Cost to operate per hour including labor, maintenance, fuel, tires, etc.
Total Cost per hour to Pre-Position in City’s Public Works Service Center Prior to Storm
Equipment
and
Operators Number of Operator and Equipment
Units Available 8am to 5 pm
Monday through Friday 5pm to 8am Monday through Friday Saturdays
And
Sundays Holidays
Vendor Road
Grader
Haskell Lemon
Construction Company

Oklahoma City, OK
2 $300 $400 $400 $500 $150
Silver Star Construction
Company
Moore, OK
10
Possible $146.50
When Available $168.00
When Available $190.00
When Available $200.00
When Available $300 Per Unit
When Available

Total Cost to operate per hour including labor, maintenance, fuel, tires, etc.
Total Cost to operate per hour including labor, maintenance, fuel, tires, etc. Total Cost to operate per hour including labor, maintenance, fuel, tires, etc. Total Cost to operate per hour including labor, maintenance, fuel, tires, etc.
Total Cost per hour to Pre-Position in City’s Public Works Service Center Prior to Storm
Equipment
and
Operators Number of Operator and Equipment
Units Available 8am to 5 pm
Monday through Friday 5pm to 8am Monday through Friday Saturdays
And
Sundays Holidays
Vendor Front
End
Loader
Haskell Lemon
Construction Company

Oklahoma City, OK 2 $300 $400 $400 $500 $150
Silver Star Construction
Company
Moore, OK
6
Possible $107
When Available $120
When Available $133
When Available $145
When Available $300 per unit
When Available

Motion carried -0.

AYE: Harrod, Hall, Shaw, Vogel, Agee, Mainord
NAY: None

b. Proposals for City Manager Executive Search Firm CM-001-2015 (Open)

PROPOSERS AMOUNT

The Pace Group $35,000 + Expenses
Tupelo, MS

Strategic Government Resources $27,000 + Expenses
Keller, TX

Colin Baenziger & Associates $23,000
Daytona Beach Shores, FL

The Mercer Group $16,500 + Expenses
Santa Fe, NM

Affion Public Executive Search $25,000
Camp Hill, PA

Human Resources Director Tammy Johnson read the proposals into the record and requested to defer to the City Manager Search Committee for review and check references.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to defer the proposal award and to send the information received to the Commission and the City Manager Search Committee. Motion carried 6-0.

AYE: Harrod, Hall, Shaw, Vogel, Agee, Mainord
NAY: None

c. Shawnee Pool Parking Project COS-PW-14-01 (Open)

BIDDER AMOUNT

CGC $369,305.25
Edmond, OK

Branco Enterprises, Inc. $464,730.00
Neosho, MO

JLT Contracting, LLC $425,045.10
Cushing, OK

Assistant City Engineer Michael Ludi 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 Vice Mayor Harrod, seconded by Commissioner Vogel, to defer the bid award to the January 20, 2015 City Commission meeting. Motion carried 6-0.

AYE: Harrod, Vogel, Agee, Mainord, Hall, Shaw
NAY: None

AGENDA ITEM NO. 10: 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.

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE AIRPORT AUTHORITY AND SHAWNEE MUNICIPAL AUTHORITY (7:31 P.M.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (7:33 P.M.)

AGENDA ITEM NO. 11: Consider an Executive Session to discuss potential claims, litigation or other options regarding Case No. CV-2014-6, Pottawatomie County, City of Shawnee v. International Union of Police Associations, Local No. 3 and Jon Arnett, as authorized by 25 O.S. §307(B)(4).

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to enter into Executive Session to discuss potential claims, litigation or other options regarding Case No. CV-2014-6, Pottawatomie County, City of Shawnee v. International Union of Police Associations, Local No. 3 and Jon Arnett, as authorized by 25 O.S. §307(B)(4). Motion carried 6-0.

AYE: Harrod, Hall, Shaw, Vogel, Agee, Mainord
NAY: None

COMMISSIONERS ENTERED INTO EXECUTIVE SESSION AT 7:33 P.M. WITH ALL MEMBERS PRESENT.

COMMISSIONERS RECONVENED FROM EXECUTIVE SESSION AT 8:19 P.M. WITH ALL MEMBERS PRESENT.

AGENDA ITEM NO. 12: Consider matters discussed in Executive Session regarding potential claims, litigation or other options regarding Case No. CV-2014-6, Pottawatomie County, City of Shawnee v. International Union of Police Associations, Local No. 3 and Jon Arnett, as authorized by 25 O.S. §307(B)(4).

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to authorize legal counsel to file an appeal from the Order of the District Court of Pottawatomie County in the matter of City of Shawnee v. International Union of Police Associations, Local No. 3 and Jon Arnett. Motion carried 4-2.

AYE: Harrod, Hall, Vogel, Mainord
NAY: Shaw, Agee

AGENDA ITEM NO. 13: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (8:21 p.m.)


WES MAINORD, MAYOR

ATTEST:


_______________________________
LISA LASYONE, DEPUTY CITY CLERK


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