BOARD OF CITY COMMISSIONERS PROCEEDINGS
MARCH 3, 2014 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 3, 2014 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 Rev. Amy Busse
United Presbyterian
FLAG SALUTE
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.
AGENDA ITEM NO. 2: Consider an Executive session for discussion of matters relating to sales tax enforcement action, including discussion of retention of outside counsel. The City Attorney recommends an executive session as authorized by 25 O.S. §307(B)(4).
A motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to enter into Executive Session to discuss, matters relating to sales tax enforcement action, including discussion of retention of outside counsel. The City Attorney recommends an executive session as authorized by 25 O.S. §307(B)(4). Motion carried 7-0.
COMMISSION ENTERED INTO EXECUTIVE SESSION AT 7:05 P.M. WITH ALL MEMBERS PRESENT.
RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE AIRPORT AUTHORITY AND SHAWNEE MUNICIPAL AUTHORITY (6:35 P.M.)
RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR
COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 8:45 P.M. WITH ALL MEMBERS PRESENT
AGENDA ITEM NO. 3: Consider matters discussed in Executive Session regarding of matters relating to sales tax enforcement action, including discussion of retention of outside counsel. The City Attorney recommends an executive session as authorized by 25 O.S. §307(B)(4).
A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to engage the services of Modrall Sterling in connection with reaching an agreement for collection of sales tax. Motion carried 5-2.
AYE: Hall, Harrod, Mainord, Winterringer, Smith
NAY: Stephens, Agee
AGENDA ITEM NO. 4: 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 No. 18
b. Minutes from the February 18, 2014 regular meeting.
c. Budget Amendment General Fund 001
To add additional money to legal services in the city attorney’s budget to accommodate for on-going legal services and add additional money to City Managers contractual services for Public Relations
d. 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 April 25-27, 2014.
e. Approve agreement with Shaughnessy Group, LLC to produce a cable TV video show highlighting various aspects of the City of Shawnee.
f. Authorize staff to solicit bids for the remodeling and construction of the Shawnee Municipal Pool.
Commissioner Agee asked that Agenda Item Nos. 4(c) and 4(e) be pulled for separate consideration.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve the Consent Agenda Item Nos. 4(a-f), less items (c) and (e). Motion carried 7-0.
AYE: Harrod, Winterringer, Smith, Stephens, Agee, Mainord, Hall
NAY: None
Regarding Agenda Item No. 4(c), Commissioner Agee questioned whether this legal services transfer was for legal fees as approved in executive session action. City Attorney Mary Ann Karns advised the commissioner that this was for ongoing legal matters and a portion of legal fees, if needed, from matters approved in action from executive session.
A motion was made by Commissioner Hall, seconded by Commissioner Winterringer, to approve Consent Agenda Item No. 4(c). Motion carried 5-2.
Regarding Agenda Item No. 4(e), Commissioner Agee inquired about the beginning date of this agreement. It is from July 1, 2013 through June 30, 2014. She was advised the agreement is from July 1 and Shawnee TV had continued on as with the prior agreement, but it should have been approved in June 2013. There were some changes that were being considered and the renewal process was interrupted according to Stephen Nolen.
A motion was made by Commissioner Agee, seconded by Commissioner Winterringer, to approve Consent Agenda Item No. 4(e). Motion carried 7-0.
AYE: Agee, Winterringer, Smith, Stephens, Harrod, Mainord, Hall
NAY: None
AGENDA ITEM NO. 5: Commissioners Comments
Vice Mayor Harrod commented on the quick response and hard work of the Emergency Management and Street Department during bad weather.
Mayor Mainord, also, wanted to thank the water line maintenance crews for the things that they have to take care of in the extreme cold.
AGENDA ITEM NO. 6: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)
Mr. Kurt Beauford spoke regarding the recycling program. He is not in favor of this program and doesn’t think citizens should have to sort and clean their garbage before it can be picked up.
AGENDA ITEM NO. 7: City Manager’s presentation of Employee of the Month to Julie Daniels, Police Department Dispatch.
Deferred to a later date.
AGENDA ITEM NO. 8: Presentation of Audited Financial Statements for the City of Shawnee and Related Authorities for the Fiscal Year 2012-2013.
Ann Cole of Arledge & Associates, P.C. presented the audit to the Commissioners and was available for questions. She stated we had a clean opinion audit with only one finding in financials.
AGENDA ITEM NO. 9: Discuss, consider and possible action of acceptance of roadway dedications by the Oklahoma Commissioners of the Land Office along North Kickapoo
Justin Erickson, Community Development Director, spoke on the acceptance of the roadway dedications. These were constructed to City of Shawnee requirements. This acceptance is necessary to continue with the Hunt Group development plan to the west of North Kickapoo.
A motion was made by Commissioner Winterringer, seconded by Commissioner Stephens, to accept roadway dedications by the Oklahoma Commissioners of the Land Office along North Kickapoo. Motion carried 7-0.
AYE: Winterringer, Stephens, Agee, Harrod, Mainord, Hall, Smith
NAY: None
AGENDA ITEM NO. 10: Discuss, consider and possible action on an ordinance repealing Section 3-216 (non-accessory signs) of the Shawnee Municipal Code.
Justin Erickson, Community Development Director, advised the Commission had asked for a recommendation on non-accessory signs and they were presented two options. One was to eliminate non-accessory signs or the second option was to establish a moratorium on the signs and have further study.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve an ordinance repealing Section 3-216 (non-accessory signs) of the Shawnee Municipal Code.
Ordinance No. 2531 NS was introduced.
AN ORDINANCE RELATING TO NON-ACCESSORY SIGNS, ELIMINATING SECTION 3-216 OF THE SHAWNEE MUNICIPAL CODE, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH, PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.
Ordinance No. 2531 NS was adopted by the City Commission.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve emergency clause relating to Ordinance No. 2531 NS. Motion carried 5-1-1.
AYE: Harrod, Agee, Mainord, Hall, Winterringer
NAY: Stephens
ABSTAIN: Smith
AGENDA ITEM NO. 11: Discuss, consider and possible action on establishing a moratorium on non-accessory sign regulations. (Not needed if Section 3-216 of the municipal code is repealed)
No action was necessary due to Agenda Item No. 10, passed and approved Ordinance No. 2531NS.
AGENDA ITEM NO. 12: Discuss, consider and possible action on an ordinance repealing and amending portions of Chapter 1, General Provisions of the Shawnee Municipal Code.
This Ordinance will add some new definitions, allowing for the use of schedules for bonds, fees, fines and insurance, adjusting for new numbers to the code and forbidding tampering with the code.
A motion was made by Commissioner Smith, seconded by Commissioner Winterringer, to approve an ordinance repealing and amending portions of Chapter 1, General Provisions of the Shawnee Municipal Code
Ordinance No. 2532 NS was introduced.
AN ORDINANCE REPEALING AND AMENDING PORTIONS OF CHAPTER 1, “GENERAL PROVISIONS,” OF THE SHAWNEE MUNICIPAL CODE, ADDING DEFINITIONS, SETTING PENALTIES, PROVIDING FOR SCHEDULES, PROHIBITING ALTERATION OF THE CODE, PROVIDING FOR REPEALER, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, AND DECLARING AN EMERGENCY.
Motion carried 7-0.
AYE: Smith, Winterringer, Stephens, Agee, Harrod, Mainord, Hall
NAY: None
Ordinance No. 2532 NS was adopted by the City Commission.
A motion was made by Commissioner Smith, seconded by Commissioner Winterringer, to approve emergency clause relating to Ordinance No. 2532 NS. Motion carried 7-0.
AYE: Smith, Winterringer, Stephens, Agee, Harrod, Mainord, Hall
NAY: None
AGENDA ITEM NO. 13: Discuss, consider and possible action on an ordinance repealing and amending portions of Chapter 7, Buildings and Building Regulations, of the Shawnee Municipal Code.
This Ordinance will provide a new section concerning conflict in international code; setting regulations as a licensure, payment of fees, permitting and certificates of registration for contractors; provide for the amounts of fees, fines, bonds and insurance to be set by resolution.
A motion was made by Commissioner Smith, seconded by Commissioner Hall, to approve an ordinance repealing and amending portions of Chapter 7, Buildings and Building Regulations, of the Shawnee Municipal Code.
Ordinance No. 2533 NS was introduced.
AN ORDINANCE REPEALING AND AMENDING PORTIONS OF CHAPTER 7 OF THE SHAWNEE MUNICIPAL CODE, “BUILDINGS AND BUILDING REGULATIONS,” ADJUSTING FINES, BONDS, INSURANCE AND PENALTIES, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR REPEAL, AND DECLARING AN EMERGENCY.
Ordinance No. 2533 NS was adopted by the City Commission.
A motion was made by Commissioner Smith, seconded by Commissioner Winterringer, to approve emergency clause relating to Ordinance No. 2533 NS. Motion carried 7-0.
AYE: Smith, Winterringer, Stephens, Agee, Harrod, Mainord, Hall
NAY: None
AGENDA ITEM NO. 14: Discuss, consider and possible action on an ordinance repealing and amending Chapter 13, Fire Prevention and Protection, of the Shawnee Municipal Code.
This Ordinance provides that fees, bonds and insurance will be set by Resolution of the Commission; transfer control of the hydrants to the Utility Department; and update the procedures for selection of personnel.
A motion was made by Commissioner Smith, seconded by Commissioner Winterringer, to approve an ordinance repealing and amending Chapter 13, Fire Prevention and Protection, of the Shawnee Municipal Code.
Ordinance No. 2534 NS was introduced.
AN ORDINANCE REPEALING AND AMENDING CHAPTER 13 OF THE SHAWNEE MUNICIPAL CODE, ENTITLED “FIRE PREVENTION AND PROTECTION,” PROVIDING THAT FEES, BONDS AND INSURANCE SHALL BE SET BY RESOLUTION OF THE COMMISSION; PROVIDING THAT CONTROL OF HYDRANTS SHALL BE TRANSFERRED TO THE UTILITY
DEPARTMENT; PROVIDING THAT PROCEDURAL PROCESSES FOR SELECTION OF PERSONNEL BE UPDATED, PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEALER, PROVIDING FOR CODIFICATION AND DECLARING AN EMERGENCY.
Motion carried 7-0.
AYE: Smith, Winterringer, Stephens, Agee, Harrod, Mainord, Hall
NAY: None
Ordinance No. 2534 NS was adopted by the City Commission.
A motion was made by Commissioner Smith, seconded by Commissioner Hall, to approve emergency clause relating to Ordinance No. 2534 NS. Motion carried 7-0.
AGENDA ITEM NO. 15: Discuss, consider and possible action on an ordinance amending Shawnee Municipal Code, Chapter 17, Law Enforcement.
This Ordinance will update the Law Enforcement Chapter of the Code. Offenses involving impersonating an officer are being moved to the offenses section of the code; and disposal of unclaimed personal property is being updated to comply with state law.
A motion was made by Commissioner Smith, seconded by Commissioner Winterringer, to approve an ordinance amending Shawnee Municipal Code, Chapter 17, Law Enforcement.
Ordinance No. 2535 NS was introduced.
AN ORDINANCE AMENDING SHAWNEE MUNICIPAL CODE, CHAPTER 17, “LAW ENFORCEMENT,” DEALING WITH DISPOSAL OF PROPERTY, MOVING A PROVISION TO
“OFFENSES,” PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND DECLARING AN EMERGENCY.
Motion carried 7-0.
AYE: Smith, Winterringer, Stephens, Agee, Harrod, Mainord, Hall
NAY: None
Ordinance No. 2535 NS was adopted by the City Commission.
A motion was made by Commissioner Smith, seconded by Commissioner Hall, to approve emergency clause relating to Ordinance No. 2535 NS. Motion carried 7-0.
AGENDA ITEM NO. 16: Consider an ordinance calling for a general and runoff election for Ward 1, Ward 5 and Ward 6.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Stephens, to approve an ordinance calling for a general and runoff election for Ward 1, Ward 5 and Ward 6.
Ordinance No. 2536 NS was introduced.
AN ORDINANCE CALLING AND PROVIDING FOR THE HOLDING OF NONPARTISAN GENERAL AND GENERAL RUNOFF ELECTIONS IN THE CITY OF SHAWNEE, OKLAHOMA, FOR THE PURPOSE OF NOMINATING AND ELECTING CANDIDATES FOR THE OFFICES OF CITY COMMISSIONER OF THE FIRST WARD, CITY COMMISSIONER OF THE FIFTH WARD AND CITY COMMISSIONER OF THE SIXTH WARD; ESTABLISHING A FILING PERIOD AND QUALIFICATIONS FOR SUCH OFFICES; DESIGNATING THE MANNER OF ELECTING THE VARIOUS CITY OFFICES NAMED HEREIN; PROVIDING FOR SAID ELECTIONS TO BE CONDUCTED BY THE POTTAWATOMIE COUNTY ELECTION BOARD; PROVIDING FOR VOTING BY ABSENTEE BALLOT; AND DECLARING AN EMERGENCY.
Ordinance No. 2536 NS was adopted by the City Commission.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve emergency clause relating to Ordinance No. 2536 NS. Motion carried 5-0-2.
AGENDA ITEM NO. 17: Discussion, consideration and possible action on a contract with Anglin PR to kick off a public education campaign that educates our citizens how sales tax is used to provide necessary city services.
City Manager Brian McDougal explained he would like to educate the citizens regarding sales tax and how important it is to the continued viability for providing the services our citizens expect. He would like for the citizens and the retailers to understand the critical need of the sales tax and how much local government depends on this collection.
Commissioner Agee questioned the need for a public relations firm when we have Facebook, our web site, local cable and other ways to get the message to the people.
Debbie Anglin of Anglin PR was here to explain the program of education they have in mind.
A motion was made by Commissioner Hall, seconded by Commissioner Smith, to approve a contract with Anglin PR to kick off a public education campaign that educates our citizens how sales tax is used to provide necessary city services. Motion carried 5-2.
W.L. MCNATT & COMPANY $249,000.00
Oklahoma City, OK Alternate: $8,000.00
DIVERSIFIED CONSTRUCTION $266,000.00
Edmond, OK Alternate: $5,000.00
OKLAHOMA CONSTRUCTION & $181,600.00
REMODELING, LLC
Shawnee, OK
Police Chief Russell Frantz 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 Winterringer, to defer the bid award to the March 17, 2013 City Commission meeting. Motion carried 7-0.
AYE: Harrod, Winterringer, Smith, Stephens, Agee, Mainord, Hall
NAY: None
AGENDA ITEM NO. 19: 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. 20: Administrative Reports
There was no Administrative Reports.
AGENDA ITEM NO. 21: Adjournment
There being no further business to be considered, the meeting was adjourned by power of the Chair. (9:45 p.m.)
WES MAINORD, MAYOR
ATTEST:
_______________________________
DONNA MAYO, DEPUTY CITY CLERK
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