BOARD OF CITY COMMISSIONERS PROCEEDINGS
JUNE 16, 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, June 16, 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:
INVOCATION Rev. Amy Busse
United Presbyterian
FLAG SALUTE Led by Commissioner Stephens
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 approval of Consent Agenda:
a. Minutes from the June 2, 2014 regular meeting
b. Budget Amendment – General Fund 001
To adjust budget at year end to make sure departments don’t go over – housekeeping for year end
c. Budget Amendment – Fund 106 Hotel Motel
To adjust for actual collection for the hotel motel tax
d. Budget Amendment – Fund 113 Drug Forfeiture Fund
To adjust the budget for the money received from the county
e. Budget Amendment – Fund 107 Police Sales Tax
To adjust police sales tax fund for actual collections
f. Budget Amendment – Fund 108 Fire Sales Tax
To adjust fire sales tax fund for actual collections
g. Acknowledge receipt of Pioneer Library System Budget for July 1, 2014 through June 30, 2015
h. Acknowledge the following minutes and reports:
• Planning Commission minutes from May 7, 2014
• Shawnee Urban Renewal Authority minutes from April 1, 2014
• License Payment Report May 1-31, 2014
• Project Payment Report May 1-31, 2014
i. Acceptance of public easements, improvements and dedications associated with the final plat of Wyndemere and authorizing obtainment of signatures, recording of the final plat and placing maintenance bonds into effect.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve the Consent Agenda Item Nos. 2(a-i). Motion carried 7-0.
Commissioner Harrod advised that there were some trees in Woodland Park shedding their bark. Staff was advised to call the OSU Extension for assistance if needed.
AGENDA ITEM NO. 4: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)
Citizen Potawatomi Chairman Rocky Barrett addressed the Commission regarding Agenda Item No. 18, which brings before the Commission a proposal for a charter amendment requirement for a public vote to approve detachment of territory under specific circumstances. Mr. Barrett stated his protest and called the proposal “reprehensible”.
AGENDA ITEM NO. 5: Discussion, consideration and possible action regarding reducing the statutory minimum liability limits on City owned property located at property considered to be the north airport property as follows: to wit, a tract of land described as beginning at the Northwest Corner of the Northwest Quarter of Section 7, Township 11 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma; thence S00⁰ 32’ 54” East a distance of 3961.17 feet; thence N89⁰ 20’ 49” East a distance of 2687.98 feet; thence N89⁰ 26’ 08” East a distance of 660.09 feet; thence N00⁰ 10’ 39” East a distance of 1305.87 feet; thence N00⁰ 19’ 37” East a distance of 1322.35 feet; thence S89⁰ 24’ 58” West a distance of 659.35 feet; thence N00⁰ 22’ 02” East a distance of 1322.55 feet; thence S89⁰ 34’ 06” West a distance of 2746.60 feet to the point of beginning, containing 282 acres, more or less; LESS AND EXCEPT A TRACT DESCRIBED AS:
Beginning at the Northwest Corner of the Northwest Quarter of Section 7, Township 11 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma; thence S00⁰ 32’ 54” East a distance of 1029.53 feet; thence N84⁰ 34’ 29” East a distance of 612.68 feet; thence N03⁰ 46’ 04” West a distance of 972.52 feet; thence S89⁰ 34’ 06” West a distance of 555.37 feet to the point of beginning, containing 13.40 acres, more or less.
Vice Mayor James Harrod related some background information regarding the origin of this request. He stated that the insurance requirement began with the Shawnee Economic Development Foundation board of directors. He also explained that Mr. Utter, the current sub-lessee, attempted to obtain the required $1,000,000.00 of liability insurance but was unable to do so. Commissioner Stephens said there is no commercial entity at the location as it is only used for storage and mowing and, therefore, did not think that amount of liability insurance was necessary.
A motion was made by Commissioner Hall, seconded by Commissioner Stephens, to table the item for thirty days. Motion carried 7-0.
AYE: Hall, Stephens, Agee, Harrod, Mainord, Winterringer, Smith
NAY: None
AGENDA ITEM NO. 6: Consider approval of an amendment to the Final Plat for North Harrison Street Business Park located at Harrison and Wolverine Road. (Original Case No. S02-14) Applicant: Redbud Development LLC
A motion was made by Commissioner Stephens, seconded by Commissioner Hall, to approve the final plat for North Harrison Street Business Park located at Harrison and Wolverine Road with the following conditions:
1. The public water line shall be extended along the frontage of Wolverine Road consistent with the final plat frontage for each respective phase.
2. Final engineering plans shall be approved by the City Engineer prior to construction.
AGENDA ITEM NO. 7: Consideration of a resolution adopting the budget for the City of Shawnee for the period of July 1, 2014 through June 30, 2015 finding all things requisite and necessary have been done in preparation and presentation of budget.
Commissioner Agee commented that while she appreciated the hard work that staff had put into providing this year’s budget, she could not support the increase in the legal fund. Commissioner Stephens agreed with Commissioner Agee.
Resolution No. 6465 was introduced.
A RESOLUTION APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF SHAWNEE, OKLAHOMA FOR THE PERIOD JULY 1, 2014 THROUGH JUNE 30, 2015 FINDING ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTATION OF SAID BUDGET.
A motion was made by Commissioner Hall, seconded by Commissioner Harrod, to approve a resolution adopting the budget for the City of Shawnee for the period of July 1, 2014 through June 30, 2015 finding all things requisite and necessary have been done in preparation and presentation of budget. Motion carried 6-1.
AGENDA ITEM NO. 8: Discussion, consideration and possible action on a contract with the City of McLoud for dispatch services.
Police Chief Russell Frantz presented this item and explained the current dispatch situation in McLoud. The town has requested Shawnee to assume their dispatch duties and Shawnee has agreed to do so.
A motion was made by Commissioner Stephens, seconded by Commissioner Hall, to approve a contract with the City of McLoud for dispatch services effective June 17, 2014. Motion carried 7-0.
AGENDA ITEM NO. 9: Discussion, consideration and possible action for the 2014-15 Collective Bargaining Agreement with IUPA Local No. 3.
A motion was made by Commissioner Stephens, seconded by Commissioner Hall, to approve the 2014-15 Collective Bargaining Agreement with IUPA Local No. 3. Motion carried 7-0.
AGENDA ITEM NO. 10: Discussion, consideration and possible action for the 2014-15 Collective Bargaining Agreement with the IAFF Local No. 206.
A motion was made by Commissioner Winterringer, seconded by Commissioner Smith, to approve 2014-15 Collective Bargaining Agreement with the IAFF Local No. 206. Motion carried 7-0.
AYE: Winterringer, Smith, Stephens, Agee, Harrod, Mainord, Hall
NAY: None
AGENDA ITEM NO. 11: Discussion, consideration and possible action to enter into an agreement with the Center for Employment Opportunities (CEO), to hire a work crew to assist with City projects.
Staff advised that the work crew would consist of probationers and parolees released from incarceration within the last twelve months and would be supervised by a crew manager under the direction of Parks Supervisor Geoff Garner. Mr. Pat Viklund of CEO was present to answer any questions. He stated that all ages would be considered to perform these services, however most will be between the ages of 18 and 25. He further stated that no sexual offenders nor arsonists will be allowed to work on these crews. The contract is for $175,000.00.
A motion was made by Commissioner Stephens, seconded by Commissioner Winterringer, to approve an agreement with the Center for Employment Opportunities (CEO), to hire a work crew to assist with City projects. Motion carried 7-0.
AYE: Stephens, Winterringer, Smith, Agee, Harrod, Mainord, Hall
NAY: None
AGENDA ITEM NO. 12: Consideration and possible action to pay the property and casualty insurance for the Wes Watkins Reservoir for the past 5 years since the City of McLoud assumed operations.
City Manager Brian McDougal explained that Shawnee and Tecumseh had agreed they would pay the property and casualty insurance for the recreation side of the Wes Watkins Reservoir according to the 85/15 split between the two cities. Pottawatomie County Development Authority has continued to pay the insurance since the City of McLoud assumed operations and should be reimbursed for the amount paid to date. Shawnee will invoice Tecumseh their portion of the insurance obligation and in the future the two cities will pay the insurance on an annual basis.
A motion was made by Commissioner Stephens, seconded by Commissioner Smith, to approve payment of the property and casualty insurance for the Wes Watkins Reservoir for the past 5 years since the City of McLoud assumed operations. Motion carried 7-0.
AGENDA ITEM NO. 13: Consider a resolution nominating Bertha Ann Young, former City of Shawnee Treasurer, to renewal of a five (5) year term as a Trustee on the Board of Trustees for the Oklahoma Municipal Retirement Fund.
Resolution No. 6466 was introduced.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SHAWNEE, OKLAHOMA NOMINATING BERTHA ANN YOUNG AS A CANDIDATE TO FILL AN OPEN POSITION ON THE BOARD OF TRUSTEES OF THE OKLAHOMA MUNICIPAL RETIREMENT FUND (OMRF) REPRESENTING DISTRICT FOUR FOR A FIVE YEAR TERM BEGINNING OCTOBER 1, 2014 THROUGH OCTOBER 1, 2019.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Stephens, to approve a resolution nominating Bertha Ann Young, former City of Shawnee Treasurer, to renewal of a five (5) year term as a Trustee on the Board of Trustees for the Oklahoma Municipal Retirement Fund. Motion carried 7-0.
AYE: Harrod, Stephens, Agee, Mainord, Hall, Winterringer, Smith
NAY: None
AGENDA ITEM NO. 14: Consider a resolution approving renewal of a certain lease agreement with Motorola Credit Corporation.
Resolution No. 6467 was introduced.
A RESOLUTION APPROVING RENEWAL OF A CERTAIN LEASE AGREEMENT WITH MOTOROLA CREDIT CORPORATION
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve a resolution approving renewal of a certain lease agreement with Motorola Credit Corporation. Motion carried 7-0.
AYE: Harrod, Winterringer, Smith, Stephens, Agee, Mainord, Hall
NAY: None
AGENDA ITEM NO. 15: Consider a resolution authorizing new signatures to apply for and enter into an agreement for use of Corporate VISA Card and naming those individuals on Schedule A of Agreement.
Resolution No. 6468 was introduced.
A RESOLUTION SETTING THE AUTHORIZED SIGNATURES TO APPLY FOR AND ENTER INTO AN AGREEMENT FOR A CORPORATE VISA CARD THROUGH ARVEST BANK.
A motion was made by Commissioner Stephens, seconded by Commissioner Smith, to approve a resolution authorizing new signatures to apply for and enter into an agreement for use of Corporate VISA Card and naming those individuals on Schedule A of Agreement. Motion carried 7-0.
AGENDA ITEM NO. 16: Discussion, consideration and possible action on an ordinance repealing and amending Section 20-12 of the Shawnee Municipal Code relating to public consumption of intoxicants and public intoxication.
Staff explained that this ordinance will allow limited exceptions to the consumption of alcohol in public. Those exceptions will be made for special events and festivals, etc. and a special events permit must be issued by the City.
A motion was made by Commissioner Hall, seconded by Commissioner Winterringer, to approve an ordinance repealing and amending Section 20-12 of the Shawnee Municipal Code relating to public consumption of intoxicants and public intoxication.
Ordinance No. 2546NS was introduced.
AN ORDINANCE REPEALING AND AMENDING SECTION 20-12 OF THE SHAWNEE MUNICIPAL CODE RELATING TO THE POSSESSION AND CONSUMPTION OF INTOXICANTS IN PUBLIC PLACES AND INTOXICATION IN PUBLIC PLACES, PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEALER, AND DECLARING AN EMERGENCY.
Ordinance No. 2546NS was adopted by the City Commission.
A motion was made by Commissioner Hall, seconded by Commissioner Smith, to approve emergency clause relating to Ordinance No. 2546NS. Motion carried 7-0.
AGENDA ITEM NO. 17: Consideration and possible action on a budget amendment for Senior Citizens Center to cover expenditures made outside budget in FY 2013-14.
A motion was made by Commissioner Winterringer, seconded by Commissioner Stephens, to approve a budget amendment for Senior Citizens Center to cover expenditures made outside budget in FY 2013-14. Motion carried 7-0.
AYE: Winterringer, Stephens, Agee, Harrod, Mainord, Hall, Smith
NAY: None
AGENDA ITEM NO. 18: Discussion, consideration and possible action on a proposal for a charter amendment requiring a vote of the people to approve detachment of territory under specific circumstances.
Commissioner Hall explained his request for this agenda item by stating he does not think he and three other Commissioners have the right to make decisions regarding property that may have long term effects on future generations. He feels that citizens should be able to decide on such an important issue.
Commissioner Agee expressed concern about the costs associated with calling for an election or special election whenever a de-annexation was requested.
Commissioner Stephens objected to the timing of this agenda item and felt it was in response to the upcoming City Commission election and the possibility that the Citizen Potawatomi Nation will seek de-annexation in the future.
Commissioner Hall stated that any of the following specific circumstances would be required for such a de-annexation vote: (1) The property must contain at least 5 residences or, (2) at least one retail business or, (3) City of Shawnee infrastructure has been in place at least one year or, (4) if the land is zoned higher than agricultural or residential.
A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to direct staff to move forward in preparation of ballot language on a proposal for a charter amendment requiring a vote of the people to approve detachment of territory under specific circumstances.
A motion was then made by Commissioner Stephens, seconded by Commissioner Agee, to continue this item until the July 7, 2014 City Commission meeting. Motion carried 4-3.
Commissioner Hall’s motion and Vice Mayor Harrod’s second remains on the floor for discussion at the July 7, 2014 meeting.
AGENDA ITEM NO. 19: Acknowledge Sales Tax Report received June 2014.
Cindy Sementelli, Finance Director, reported that June sales tax collected this month was $1,390,155.00. Compared to last year's, sales tax is up $70,342.00. For the fiscal year, it is up 4.92% or $804,307.00. Compared to 2012 numbers, it is up $105,283.00.
AGENDA ITEM NO. 20: City Manager’s Report.
City Manager Brian McDougal reported on the following:
1. He thanked the Commission for adopting the budget for FY2014-2015, increasing employee benefits and approving the union contracts.
2. He and Commissioner Smith attended the Serenity Symposium
3. He recently met with the Dunbar Heights Association, who have concerns with some YMCA programs
4. He, Police Chief Frantz and Commissioner Agee recently met with the Westside Neighborhood Association
5. The Shawnee Airport Board will consider an amendment to the YMCA’s current 50 year lease at their next meeting.
6. He has attended meetings relating to the reopening of the A-OK Railroad between Oklahoma City and McAlester.
7. There will be a ground breaking ceremony at 10:00 am on June 18, 2014 at the Hunt Properties/Shawnee Marketplace property. Governor Fallin will be in attendance.
8. Chuck Mills will be sworn in as Oklahoma State Chamber president on June 18, 2014.
9. Staff will start scheduling work sessions to discuss the Water/Sewer Master Plan.
10. Staff is in the process of scheduling a meeting to discuss the illegal dumping of dirt by CP3 Industries during their repair of the North Canadian riverbank. Approximately $65,000.00 is still owed to the company and the City will seek damages from them.
11. A Municipal Pool pre-construction meeting will be held on June 17, 2014.
12. He has had a recent meeting regarding a franchise agreement with Vyve Communications
13. More economic development money is needed for Shawnee to be competitive.
AGENDA ITEM NO. 21: 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. 22: Adjournment
There being no further business to be considered, the meeting was adjourned by power of the Chair. (7:57 p.m.)
WES MAINORD, MAYOR
ATTEST:
_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK
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