BOARD OF CITY COMMISSIONERS PROCEEDINGS
FEBRUARY 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, February 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 Absent
Commissioner Ward 5 Commissioner Ward 6
ABSENT: Steve Smith
INVOCATION Lord’s Prayer led by Mayor Mainord
FLAG SALUTE Led by Commissioner Agee
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 6-0.
AGENDA ITEM NO. 2: Consider approval of Consent Agenda:
a. Minutes from the January 22, 2013 regular meeting and January 28, 2013 special called meeting.
b. Acknowledge the following minutes:
• Traffic Commission minutes from October 23, 2012
c. Accept deed from Greater Shawnee Area Chamber of Commerce for Lots Five (5) and Six (6), YAHGNEE ADDITION, PHASE 1, a subdivision of a part of the Northwest Quarter (NW/4) of Section 32, Township 11 North, Range 4 East of the Indian Meridian, subject to existing zoning ordinances, rights-of-ways, encroachments that a survey may reveal and easements of record and less and except all oil, gas and minerals and oil, gas and mineral rights therein and thereunder; to the City of Shawnee, Pottawatomie County, Oklahoma.
d. Budget Schedule for 2013-2014
e. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Amanda Clayton.
f. Authorize the purchase of ProPatch Asphalt Equipment and Truck & Chassis.
g. Mayor’s appointments:
Shawnee Housing Authority
Sherry Lankford 1st Full Term Expires February 4, 2016
Replaces Chris Waddell – declining re-appointment due to time
Lauri Fluke 2nd Full Term Expires February 4, 2016
Re-appointment
Shawnee Airport Advisory Board
Will Smallwood 1st Partial Term Expires July 1, 2014
Replaces Dick Romine Termed out July 1, 2011
Commissioner Agee asked that Agenda Item No. 2-f be pulled for separate consideration.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve the Consent Agenda Items a-g, less Item f. Motion carried 6-0.
AYE: Harrod, Winterringer, Stephens, Agee, Mainord, Hall
NAY: None
Commissioner Agee asked about the money for the ProPatch Truck. John Krywicki, Director of Engineering, explained that there would be a budget transfer within the department.
A motion was made by Commissioner Agee, seconded by Vice Mayor Harrod, to approve Consent Agenda Item No. 2-f. Motion carried 6-0.
AGENDA ITEM NO. 3: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 4: Report from Shawnee Area Chamber of Commerce on Operations of CVB with discussion, consideration and possible action regarding interim budget to cover the period to June 30, 2013.
Nancy Keith, President and CEO of the Greater Shawnee Chamber of Commerce, presented the proposed budget ending June 30, 2013 for the operation of the Convention and Visitor Bureau. Ms. Keith talked about the success of the Convention and Visitor Bureau. She will be interviewing, along with an interview committee including members of the tourism industry, for the position of Director of the CVB. There is a new logo and a new website. They will, also, be working with a consultant to help set the direction of the CVB.
A motion was made by Commissioner Hall, seconded by Commissioner Winterringer, to accept the budget as presented to end on June 30, 2013. Motion carried 6-0.
AGENDA ITEM NO. 5: Discussion, consideration and possible action to appoint insurance committee to consist of 3 commissioners and 2 staff members to review City’s contracts with consultants and insurance providers and make recommendations to full commission for any changes. Committee would have authority to request proposals for all insurance related services.
A staff report was given by City Manager Brian McDougal on questions regarding the employee insurance. He highlighted the following 4 points: Consultant Services, Provider Contracts, the City’s contribution to the employees’ medical benefits, and definition of those eligible for participation in the plan.
Jennifer Dawson spoke regarding the employee insurance work group. She explained the process of the work group and urged the Commission to allow the work group to continue. When a Commissioner pointed out that they did not intend to abolish the insurance work group, it was noted that the agenda item made it appear that the work group’s services were no longer required.
Dustin Brand, Employee Benefits Consultant INSURICA, presented written summary and analysis of different insurance options provided before selection of a provider. He also offered to answer any questions the commission might have.
Brenden “Chip” Shepard, Fire Department and President of the International Association of Firefighters, Local No. 206, spoke requesting the insurance work group be kept in place.
Commissioner Agee stated the commissioners wanted the best for the city employees and the money is commission responsibility.
Commissioner Stephens questioned why we need another level of bureaucracy and suggested that 2 or 3 commissioners be added to the current employee insurance work group. She also urged the new Commissioners to go through the budget process before making any changes.
Commissioner Hall wants commission to have better oversight on insurance.
A motion was made by Commissioner Harrod, seconded by Commissioner Agee, to appoint an insurance committee to consist of 3 commissioners and 2 staff members to review City’s contracts with consultants and insurance providers and make recommendations to full commission for any changes. Committee would have authority to request proposals for all insurance related services. Motion carried 4-2.
AYE: Harrod, Agee, Mainord, Hall
NAY: Stephens, Winterringer
AGENDA ITEM NO. 6: Discussion, consideration and possible action on Rita Knight-Taber’s appeal of Administrative Hearing Officer’s order on January 10, 2013, to remove all structures from five lots, including all concrete footings and the cellar, located at 915 E. Hayes.
Ms. Rita Knight-Taber and her brother spoke regarding the appeal of demolition order. They believe someone with adjoining property is going to purchase the property if the out buildings and cellar are left in place. They realize the primary residence will need to be destroyed and are obtaining bids now for that to happen. Their request is to give them until the end of April to have the residence removed and sell the property with the outbuildings and cellar.
Justin Erickson, Planning Director, request that Ms. Knight-Taber have a permit to demo the residence by March 1 and complete the demo by April 1, leaving the outbuildings and cellar in place.
A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to limit the order of demolition to the primary residence with a completion date of April 1, 2013, and set aside the order for demolition on the outbuildings and cellar. Motion carried 6-0.
AGENDA ITEM NO. 7: Public hearing and consideration of de-annexation of a 20-acre parcel located approximately 2,000 feet west of Walker Road on the south side of Homer Lane.
Mayor Mainord declared a public hearing in session to consider de-annexation of a 20-acre parcel located approximately 2,000 feet west of Walker Road on the south side of Homer Lane. Ms. Shawna Miller appeared in favor of the de-annexation of the property in question. When the property was purchased it was believed to be outside the city limits. Two county commissioners spoke affirming they had kept up the road in front of the property and believed it to be county property. Mayor Mainord closed the public hearing.
Justin Erickson, Planning Director, reported that an ordinance has been found showing the annexation of this property but county court house records do not show it was ever recorded.
The commission asked that research be done by city staff to determine if the property is inside the city limits of Shawnee, OK.
AGENDA ITEM NO. 8: Consideration of an ordinance de-annexing a 20 acre parcel located near Walker Road and Homer Lane.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to table this item until the next commission meeting while the city attorney looks into the matter of the property being inside the Shawnee City limits. Motion carried 6-0.
AYE: Harrod, Winterringer, Stephens, Agee, Mainord, Hall
NAY: None
AGENDA ITEM NO. 9: Presentation by Gateway to Prevention and Recovery on Healthy Community Grant requirements.
Amy Dunn, of Gateway to Prevention and Recovery, representing Pottawatomie Alliance for Community Health spoke regarding the Shawnee designation as a Certified Healthy Community. Shawnee received this designation last year and was awarded a grant of $10,000.00. The City of Shawnee has been certified again this year and she would like to apply for a merit level grant of $20,000.00 for 2013 on behalf of the City of Shawnee. In order to apply for this grant, there would need to be a Resolution supporting municipality’s right to set tobacco decisions for their community. Also, an Ordinance prohibiting the advertisement of alcohol and tobacco products at any city sponsored event.
AGENDA ITEM NO. 10: Consider a resolution urging Oklahoma State Legislature to authorize municipalities to enact local tobacco regulations.
Resolution was introduced.
A RESOLUTION OF THE CITY OF SHAWNEE, OKLAHOMA, URGING THE OKLAHOMA STATE LEGISLATURE TO RESTORE THE RIGHTS OF CITIZENS OF LOCAL GOVERNMENTS TO ADOPT LAWS REGULATING THE USE OF TOBACCO WITHIN THEIR COMMUNITIES
A motion was made by Mayor Mainord, seconded by Commissioner Hall, to approve a resolution urging Oklahoma State Legislature to authorize municipalities to enact local tobacco regulations. Motion failed 3-3.
AYE: Mainord, Hall Winterringer
NAY: Stephens, Agee, Harrod
AGENDA ITEM NO. 11: Consider an ordinance prohibiting advertising of alcohol and tobacco products at city sponsored events and in city publications.
A motion was made by Commissioner Hall, seconded by seconded by Mayor Mainord, to approve an ordinance prohibiting advertising of alcohol and tobacco products at city sponsored events and in city publications.
Ordinance was introduced.
AN ORDINANCE ENACTING A NEW SECTION TO THE SHAWNEE MUNICIPAL CODE PROHIBITING ADVERTISEMENT OF TOBACCO AND ALCOHOL PRODUCTS AT CITY-SPONSORED EVENTS; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND DECLARING AN EMERGENCY.
AGENDA ITEM NO. 12: Consider contract with Larkin Aquatics for design and engineering of the Shawnee Municipal Pool.
James Bryce, Operations Manager, reported that there is no contract available at this time. The city attorney has sent back a copy of an acceptable contract to Larkin Aquatics and we have not received verification that this contract is acceptable to them. The committee has another design and consulting company that they would recommend if no agreement is reached with Larkin Aquatics. Mr. Bryce advised that if no contract agreement is reached by tomorrow, they will proceed on with the next choice for the position.
AGENDA ITEM NO. 13: Consider a resolution declaring certain items of personal property, furniture and equipment from the Shawnee Public Library no longer needed by the City of Shawnee and authorizing certain items be donated to public schools and other public libraries and the sale of the remaining items.
Resolution No. 6439 was introduced.
A RESOLUTION DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY SURPLUS AND NO LONGER NEEDED FOR CITY PURPOSES; DESCRIBING SAID ITEMS; AUTHORIZING THE DONATION OF CERTAIN ITEMS TO PUBLIC SCHOOLS AND PUBLIC LIBRARIES; AND AUTHORIZING THE SALE OF THE REMAINING ITEMS BY AUCTION ON MARCH 30, 2013.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve a resolution declaring certain items of personal property, furniture and equipment from the Shawnee Public Library no longer needed by the City of Shawnee and authorizing certain items be donated to public schools and other public libraries and the sale of the remaining items. Motion carried 6-0.
AGENDA ITEM NO. 14: Discussion, consideration and possible action accepting donation of real property located within the City of Shawnee for future training facility for the Fire Department.
Chief David Short, Fire Department, presented maps and information on 3.8 acres being donated for the use as fire department training facility. The group wishing to donate the property wants only a letter of donation in the amount of $10,000 each for each of the five property owners. Also, a stipulation that if the land is not used for fire training within the next ten (10) years, the property would revert to the original owners.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to accept the donation of real property located within the City of Shawnee for future training facility for the Fire Department, including the stipulation that the land be used for fire training within ten years or revert to original owners, and with a letter of donation in the amount of $10,000 to each of the five property owners. Motion carried 6-0.
AYE: Harrod, Winterringer, Stephens, Agee, Mainord, Hall
NAY: None
AGENDA ITEM NO. 15: Consider Bids:
a. Bell Street Sidewalk Project Contract No. COS-PW-12-03 (Open)
BIDDER AMOUNT
TOM HUDSON PAVING INC $155,519.35
Guthrie, OK
RUDY CONSTRUCTION CO $122,226.00
Oklahoma City, OK
EAGLE VISION CONSTRUCTION LLC $ 95,696.56
Shawnee, OK
ALL ROADS PAVING INC $ 95,857.50
Oklahoma City, OK
C-P INTEGRATED SERVICES INC $132,785.15
Oklahoma City, OK
A-TECH PAVING $143,238.00
Edmond, OK
PARATHON CONST LLC $107,858.00
Edmond, OK
YOUNG CONTRACTING LLC $164,267.00
Oklahoma City, OK
City Engineer John Krywicki announced that eight bids were received and after review and consideration it was staff’s recommendation to award the bid to All Roads Paving, Inc. of Oklahoma City, Oklahoma in the amount of $95,857.50.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to accept staff’s recommendation and award the bid to All Roads Paving, Inc. in the amount of $95,857.50. Motion carried 6-0.
AGENDA ITEM NO. 16: 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. 17: Administrative Reports
There was no Administrative Reports.
AGENDA ITEM NO. 18: Commissioners Comments
There were no Commissioners Comments
RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE MUNICIPAL AUTHORITY AND SHAWNEE AIRPORT AUTHORITY (9:13p.m.)
RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (9:18 p.m.)
AGENDA ITEM NO. 19: Consider an Executive Session to discuss potential claims, litigation or other options regarding encroachment into City’s utility service area by other entities as authorized by 25 O.S. §307(B)(4).
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to enter into Executive Session to discuss potential claims, litigation or other options regarding encroachment into City’s utility service area by other entities as authorized by 25 O.S. §307(B)(4). Motion carried 6-0.
AYE: Harrod, Winterringer, Stephens, Agee, Mainord, Hall
NAY: None
COMMISSION ENTERED INTO EXECUTIVE SESSION AT 9:19 P.M. WITH ALL MEMBERS PRESENT
COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 10:05 P.M. WITH ALL MEMBERS PRESENT
AGENDA ITEM NO. 20: Consider matters discussed in Executive Session regarding discuss potential claims, litigation or other options regarding encroachment into City’s utility service area by other entities as authorized by 25 O.S. §307(B)(4).
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to authorize staff to write a letter to Citizen Potawatomi Nation (CPN) and Rural Water District #3 (RWD#3) seeking resolution of issues regarding the city’s water and wastewater service area. Motion carried 6-0.
There being no further business to be considered, the meeting was adjourned by power of the Chair. (10:07 p.m.)
WES MAINORD, MAYOR
ATTEST:
_______________________________
DONNA MAYO, DEPUTY CITY CLERK
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