BOARD OF CITY COMMISSIONERS PROCEEDINGS
JULY 21, 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, July 21, 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
Absent Linda Agee
Commissioner Ward 1 Commissioner Ward 2
James Harrod Absent
Commissioner Ward 3-Vice Mayor Commissioner Ward 4
John Winterringer Steve Smith
Commissioner Ward 5 Commissioner Ward 6
ABSENT: Stephens, Hall
INVOCATION Lord’s Prayer led by Mayor Mainord
FLAG SALUTE Commissioner Winterringer
AGENDA ITEM NO. 1: Consider approval of Agenda.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to table agenda items 6 and 7 until a future meeting.
Motion carried 5-0.
AGENDA ITEM NO. 2: Consider approval of Consent Agenda:
a. Minutes from the July 7, 2014 regular meeting
b. Budget Amendment Fiscal Yr. 2014-15 CDBG Grant
c. Acknowledge Pottawatomie County Election Board Certification of Election results for Ward Six from the June 24, 2014 Primary Election
d. Acknowledge the following reports:
• License Payment Report June 1-30, 2014
• Project Payment Report June 1-30, 2014
e. Acknowledge and accept donation of a 9.3 KW portable emergency power generator from Superior Security.
f. Acknowledge denial of Tort Claim No. 13751-TW P. Foutch
g. Authorize staff to advertise for Request for Qualifications on engineering firm to design Boy Scout Park Splash Pad.
h. Lake Lease Transfer and Renewals:
TRANSFER
• Lot 11 Belcher Tract, 15609 Nickens Road
From: C. Warmington and C. Warmington
To: R. Weaver and K. Weaver
RENEWAL
• Lot 5 Renfro Tract, 15810 Sleepy Hollow Road
P. Young
• Lot A Hart Tract, 16001 Hart Road
E. Agee and L. Agee
• Lot 10 Damron Tract, 15504 Highway 102
C. Roberts and M. Roberts
Commissioner Agee asked that Consent Agenda Item 2(g) be pulled for separate consideration. A motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to approve the Consent Agenda Item Nos. 2(a-h), less item 2(g). Motion carried 5-0.
Regarding agenda item 2(g), Commissioner Agee stated that Phil Tomlinson contacted her and stated that he would like the splash pad project to be a Request for Proposal for a design & build project. City Manager Brian McDougal said that the City is looking for a qualified firm to give advice regarding engineering and design. Director of Operations James Bryce addressed this issue and stated that the engineering should come first which would allow the City options regarding equipment and to bid out the construction work competitively. Mr. Bryce also stated that professional services are included in the grant and he hopes to receive the grant award within the next two weeks.
Commissioner Agee made a motion, seconded by Commissioner Smith, to approve Consent Agenda Item 2(g). Motion carried.
AGENDA ITEM NO. 4: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)
Commissioner-Elect Lesa Shaw made a recommendation regarding the establishment of an acquisition management process so that there were uniform practices for the Request for Proposals and the Request for Qualification process.
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.
Tabled at the June 16, 2014 meeting for 30 days.
Mr. McDougal addressed this item and explained that the property in question is being leased out by the Shawnee Economic Development Foundation. The City’s insurance carrier, Oklahoma Municipal Assurance Group recommends raising the liability insurance to $1,000,000.00 from the current $500,000.00 to the two people who are currently leasing the property. Mr. McDougal stated that staff is recommending denial of the insurance reduction. A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer keep the current liability insurance for the leaseholders at $500,000.00 for a two year period and then raise to $1,000.000.00 at the end of the two year period. Motion carried 4-1.
AYE: Harrod, Winterringer, Agee, Mainord
NAY: Smith
AGENDA ITEM NO. 6: Discussion, consideration an possible action on an ordinance amending Article II of the City of Shawnee Charter providing for referral of Ordinances of Detachment of Territory under specified circumstances to a vote of the people and reimbursement for public improvements.
This item was tabled to a future meeting.
AGENDA ITEM NO. 7: Discussion, consideration and possible action on a resolution calling for a special election to be held November 4, 2014, for a vote on whether Ordinance amending Article II of the Charter of the City of Shawnee should be approved.
This item was tabled to a future meeting.
AGENDA ITEM NO. 8: Discussion, consideration and possible action on a resolution asking the Pottawatomie County Commissioners to place before the voters a ballot title permitting the Sunday sale of alcoholic beverages in restaurants.
Commissioner Smith stated that he is in favor of this resolution and believes it would be great benefit in economic development. Mayor Mainord agreed, stating that he has received calls from people complaining about the current alcohol law in Pottawatomie County. A motion was made by Commissioner Smith, seconded by Commissioner Agee, to approve a resolution asking the Pottawatomie County Commissioners to place before the voters a ballot title permitting the Sunday sale of alcoholic beverages in restaurants.
Resolution No. 6471 was introduced.
A RESOLUTION ENCOURAGING AND REQUESTING THE POTTAWATOMIE COUNTY COMMISSIONERS TO PLACE BEFORE THE VOTERS OF THE COUNTY A BALLOT QUESTION ALLOWING THE SUNDAY SALE OF ALCOHOLIC BEVERAGES AT RESTAURANTS IN THE COUNTY.
AGENDA ITEM NO. 9: Acknowledge Sales Tax Report received July 2014.
Cindy Sementelli, Finance Director, reported that July sales tax collected this month was $1,477,552.00. Compared to last year's, sales tax is up $92,498.00 or 6.68%. Compared to 2012, sales tax is up $55,189.00
Ms. Sementelli also gave a quarterly report on sales tax collections in the separate tax categories. She further addressed quarterly revenue for the Shawnee Municipal Authority.
AGENDA ITEM NO. 10: City Manager’s Report.
City Manager Brian McDougal reported on the following:
a. Fire Chief David Short has retired and Police Chief Russell Frantz has been placed over the Fire Department until a new fire chief is hired.
b. Bill Ford of Shawnee Milling Company wants to readdress the rail line between Shawnee and McAlester. A meeting was recently held with AOK Railroad and representatives from the Shawnee, Wewoka, Holdenville and Seminole. Mr. Dudley Hyde is working with entities to make the rail line opening a priority.
c. The Master Plan work session held on July 14, 2014 and a reminder of the next work session at July 28, 2014.
AGENDA ITEM NO. 11: Consider Bids:
a. Rehab Concrete Streets Project Various Locations FY 13-14 COS-PW-13-02 (Award)
Assistant City Engineer Rex Hennen announced that three bids were received and after review and consideration it was staff’s recommendation to award the bid to S&J Construction Specialists of Sapulpa, Oklahoma in the total amount of $466,725.00.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to accept staff’s recommendation and award the bid to S&J Construction Specialists in the total amount of $466,725.00. Motion carried 5-0.
AGENDA ITEM NO. 12: 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 (7:03 P.M.)
RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (7:10 P.M.)
AGENDA ITEM NO. 13: Consider an Executive Session to discuss potential claims, litigation or other options regarding Case No. CJ 2013-377, Pottawatomie County, Nash Construction v City of Shawnee, 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 potential claims, litigation or other options regarding Case No. CJ 2013-377, Pottawatomie County, Nash Construction v City of Shawnee, as authorized by 25 O.S. §307(B)(4). Motion carried 5-0.
AGENDA ITEM NO. 14: Consider an Executive Session to discuss City Manager’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee."
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to enter into Executive Session to discuss City Manager’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee." Motion carried 5-0.
AGENDA ITEM NO. 15: Consider an Executive Session to discuss City Attorney’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee;"
A motion was made by Commissioner Winterringer, seconded by Commissioner Smith, to enter into Executive Session to discuss City Attorney’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee." Motion carried 5-0.
AGENDA ITEM NO. 16: Consider an Executive Session to discuss Municipal Judge’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee;"
A motion was made by Commissioner Winterringer, seconded by Vice Mayor Harrod, to enter into Executive Session to discuss Municipal Judge’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee." Motion carried 5-0.
COMMISSION ENTERED INTO EXECUTIVE SESSION AT 7:10 P.M. WITH ALL MEMBERS PRESENT.
COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 8:22 P.M. WITH ALL MEMBERS PRESENT.
AGENDA ITEM NO. 17: Consider matters discussed in Executive Session regarding potential claims, litigation or other options regarding Case No. CJ 2013-377, Pottawatomie County, Nash Construction v. City of Shawnee, as authorized by 25 O.S. §307(B)(4).
No action taken.
AGENDA ITEM NO. 18: Consider matters discussed in Executive Session regarding City Manager’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee."
No action taken.
AGENDA ITEM NO. 19: Consider matters discussed in Executive Session regarding City Attorney’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee;"
No action taken.
AGENDA ITEM NO. 20: Consider matters discussed in Executive Session regarding Municipal Judge’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee;"
No action taken.
AGENDA ITEM NO. 21: Adjournment
There being no further business to be considered, the meeting was adjourned by power of the Chair. (8:23 p.m.)
WES MAINORD, MAYOR
ATTEST:
_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK
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