BOARD OF CITY COMMISSIONERS PROCEEDINGS
AUGUST 5, 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, August 5, 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
Absent 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: Pam Stephens, Steve Smith
INVOCATION Rev. Amy Perkins
United Presbyterian
FLAG SALUTE Led by Commissioner Agee
AGENDA ITEM NO. 1: Consider approval of Agenda.
A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve the Agenda. Motion carried 5-0.
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 as set forth in Shawnee Municipal Authority Agenda Item No. 3-c.
b. Minutes from the July 15, 2013 regular meeting and the July 15, 2013 special called meeting.
c. Budget Amendment Capital Fund 301
These are rollover’s from last year budget for projects that were not completed before year end
d. Budget Amendment FY 2013-2014 2007 CDBG Entitlement Grant
Appropriate 2007CDBG Entitlement Funds for FY2013-FY2014(Rollover)
e. Budget Amendment FY 2013- 2014 2010 CDBG Entitlement Grant
Appropriate 2010 CDBG Entitlement Funds for FY 2013-2014 (Rollover)
f. Budget Amendment FY 2013-2014 2011 CDBG Entitlement Grant
Appropriate 2011 CDBG Entitlement Funds for FY2013-2014 (Rollover)
g. Budget Amendment FY 2013-2014 2008 CDBG Entitlement Grant Fund
Appropriate 2008 Entitlement Funds for FY2013-2014 (Rollover)
h. Budget Amendment FY 2013-2014 2012 CDBG Entitlement Grant
Appropriate 2012 CDBG Entitlement Funds for FY 2013-2014
i. Budget Amendment FY 2013-2014 HOME Rehab Program Income
Appropriate HOME Grant Program Income for Housing Rehabilitation FY 2013-2014 (Rollover)
j. Acknowledge the following minutes:
• Shawnee Civic and Cultural Development Authority minutes from May 16, 2013
k. Approve Memorandum of Understanding with District Attorney’s Office, 23rd Judicial District and the Shawnee Police Department for services to victims of domestic violence and sexual assault – STOP Violence Against Women Grant.
l. Approve extension of Contract with International Association of Firefighters, Local No. 206.
m. Accept and approve the SAFER (Staffing of Adequate Fire & Emergency Response) Grant to begin on October 23, 2013.
n. Acceptance of Harrison and I-40 Median Beautification Project and completion of affidavit for grant reimbursement.
o. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Celia Elwell.
p. Lake Leases Transfer and Renewal:
Transfer:
• Lot 20 Belcher Tract, 33404 Post Office Neck
From: Bill Barnett and Paula Barnett
To: Paula Barnett and Kenneth Smith
Renewals:
• Lot 10 Renfro Tract, 15805 Sleepy Hollow Road
Cindy Woods and Steve Woods
• Lot 3A Johnston Tract, 16804 Magnino Road
Ronald Hughes and Susan Hughes
• Lot 1 Mosler Tract, 16200 Archery Road
Mehdi Azimi
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the Consent Agenda Item Nos. 2(a-p). Motion carried 5-0.
Vice Mayor Harrod said that people have told him they are very thankful and appreciative for the new track around the airport.
Mayor Mainord said that the south section of Kickapoo that has been repaved is great and very smooth.
Commissioner Agee requested that a quality of life survey be completed. She said we should consider partnering with Oklahoma Baptist University or someone to get this done. City Manager Brian McDougal said that is trying to get the planning session reconvened for the latter part of August and this can be put on the agenda for discussion.
AGENDA ITEM NO. 4: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)
Tom Smith spoke regarding Woodland Veterans Memorial Park. He wanted to thank the four men in the Parks Department that have been putting in the pavers and keeping the park mowed. He said they are doing an excellent job.
AGENDA ITEM NO. 5: Mayor’s Presentation of City of Shawnee Beautification Committee Awards to:
• Mabee Gerrer Museum
• Langley Management Company
• Consultant Services LLC
• Kathryn Simon
Dane Pollei with Mabee Gerrer Museum was present to accept the Beautification Committee Award presented by Mayor Mainord.
Patty Smith with Langley Management Company was present to accept the Beautification Committee Award presented by Mayor Mainord.
No one with Consultant Services LLC was present to accept the Beautification Committee Award presented by Mayor Mainord.
Kathryn Simon was not present to accept the Beautification Committee Award presented by Mayor Mainord.
AGENDA ITEM NO. 6: Discussion, consideration and possible action on a resolution approving the incurrence of indebtedness by the Shawnee Municipal Authority for financing of the Municipal Pool.
The City Manager advised the Commission that they cannot act on this item because there is not a super majority of Commissioners present.
Nate Ellis of Public Law Finance Corporation (PLFC) stated that because competitive bidding was waived, a super majority of Commissioners is required.
This item is being deferred to later on in the meeting to attempt to check the availability of an absent commissioner.
AGENDA ITEM NO. 7: Discussion, consideration and possible action on an additional 30 day renewal of contract with the Chamber of Commerce regarding Convention and Visitors Bureau while awaiting the completed audit.
(As approved at the May 20, 2013 commission meeting)
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve an additional 30 day renewal of contract with the Chamber of Commerce regarding Convention and Visitors Bureau while awaiting the completed audit. Motion carried 5-0.
AGENDA ITEM NO. 8: Discussion, consideration and possible action on granting OG&E additional easements along SH102.
City Engineer John Krywicki stated that these are additional easements that Oklahoma Gas & Electric (OG&E) needs for the widening of SH102. The City has a franchise agreement with OG&E that states OG&E can take additional easements if needed for no compensation to the City.
A motion was made by Commissioner Winterringer, seconded by Commissioner Agee, to grant OG&E additional easements along SH102. Motion carried 5-0.
AYE: Winterringer, Agee, Harrod, Mainord, Hall
NAY: None
AGENDA ITEM NO. 9: Discussion, consideration and possible action on a resolution waiving building permit fees for the repair/reconstruction of structures damaged by the May 19, 2013 storm event.
Resolution No. 6455 was introduced.
A RESOLUTION TEMPORARILY WAIVING BUILDING PERMIT FEES ASSOCIATED WITH STRUCTURES DAMAGED BY MAJOR STORM EVENT OF MAY 19, 2013.
Community Development Director Justin Erickson advised that this resolution is to waive the permit fees for the residents that buildings were damaged by the May 19, 2013 storm event. The residents that have already paid the permit fees will be refunded those fees. The resolution is temporary and will expire on May 19, 2014.
A motion was made by Commissioner Winterringer, seconded by Commissioner Hall, to approve a resolution waiving building permit fees for the repair/reconstruction of structures damaged by the May 19, 2013 storm event. Motion carried 4-0-1.
AGENDA ITEM NO. 10: Discussion, consideration and possible action on an ordinance temporarily modifying Section 1201.7 of the Shawnee Zoning Code by allowing the repair/reconstruction of a structure damaged by greater than 50 percent.
Community Development Director Justin Erickson advised that this ordinance modifies the non-conforming section of the Shawnee Zoning Code to allow greater flexibility for those individuals that sustained property damage during the May 19, 2013 storm event to rebuild without obtaining conditional use permits or variances. The ordinance is temporary and will expire on May 19, 2014.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve an ordinance temporarily modifying Section 1201.7 of the Shawnee Zoning Code by allowing the repair/reconstruction of a structure damaged by greater than 50 percent.
Ordinance No. 2513NS was introduced.
AN ORDINANCE TEMPORARILY MODIFYING SECTION 1201.7 OF THE SHAWNEE ZONING CODE IMPACTING RESTORATION OF DAMAGED USES.
Ordinance No. 2513NS was adopted by the City Commission.
AGENDA ITEM NO. 11: Consider Bids:
a. Exterior Restoration, Exterior Painting and Window Replacement for the Shawnee Municipal Auditorium (Award)
Director of Operations James Bryce announced that two bids were received and after review and consideration it was staff’s recommendation to award the bid to Commercial Waterproofing LLC of Broken Arrow, Oklahoma in the total amount of $112,670.00.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to accept staff’s recommendation and award the bid to Commercial Waterproofing LLC in the total amount of $112,670.00. 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.
AGENDA ITEM NO. 13: Administrative Reports
Police Chief Russell Frantz reported on the new Pro QA Priority Dispatch software that has recently been completed and implemented in the dispatch center. He said that this new system prompts the dispatchers with questions to ask callers relative to what the emergency is.
City Manager Brian McDougal advised he will be out of town on vacation from August 8 through August 20, 2013. He also said that he is trying to get the planning session scheduled for the end of August.
RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE AIRPORT AUTHORITY AND SHAWNEE MUNICIPAL AUTHORITY (7:09 p.m.)
COMMISSIONER SMITH ARRIVED AT 7:58 P.M.
RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (8:10 P.M.) TO FULLY ADDRESS AGENDA ITEM NO. 6
AGENDA ITEM NO. 6: Discussion, consideration and possible action on a resolution approving the incurrence of indebtedness by the Shawnee Municipal Authority for financing of the Municipal Pool.
Resolution No. 6454 was introduced.
A RESOLUTION APPROVING THE INCURRENCE OF INDEBTEDNESS BY THE SHAWNEE MUNICIPAL AUTHORITY (THE “AUTHORITY”) ISSUING ITS SALES TAX REVENUE NOTE, SERIES 2013 (THE “NOTE”); PROVIDING THAT THE ORGANIZATIONAL DOCUMENT CREATING THE AUTHORITY IS SUBJECT TO THE PROVISIONS OF THE NOTE INDENTURE, AUTHORIZING THE ISSUANCE OF SAID NOTE; WAIVING COMPETITIVE BIDDING WITH RESPECT TO THE SALE OF SAID NOTE AND APPROVING THE PROCEEDINGS OF THE AUTHORITY PERTAINING TO THE SALE OF SAID NOTE; RATIFYING AND CONFIRMING A SALES TAX AGREEMENT BY AND BETWEEN THE CITY OF SHAWNEE, OKLAHOMA (THE “CITY”) AND THE AUTHORITY PERTAINING TO THE YEAR-TO-YEAR PLEDGE OF CERTAIN SALES TAX REVENUES; DECLARING AN EMERGENCY; AND CONTAINING OTHER PROVISIONS RELATING THERETO.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to approve a resolution approving the incurrence of indebtedness by the Shawnee Municipal Authority for financing of the Municipal Pool. Motion carried 6-0.
There being no further business to be considered, the meeting was adjourned by power of the Chair. (8:11 p.m.)
WES MAINORD, MAYOR
ATTEST:
_______________________________
LISA LASYONE, DEPUTY CITY CLERK
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