Date: 3/5/2012Board: City CommissionDocumentType: MinutesWeb Posted: 3/20/2012 9:30:05 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
MARCH 5, 2012 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 5, 2012 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Peterson presided and called the meeting to order. Upon roll call, the following members were in attendance.

Linda Peterson
Mayor

Absent
Commissioner Ward 1
Frank Sims
Commissioner Ward 2
James Harrod
Commissioner Ward 3
Billy Collier
Commissioner Ward 4-Vice Mayor
John Winterringer
Commissioner Ward 5
Steve Smith
Commissioner Ward 6

ABSENT: Pam Stephens

INVOCATION Rev. Ray Belford
First Christian Church

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda.

A motion was made by Vice Mayor Collier, seconded by Commissioner Sims, to approve the Agenda. Motion carried 6-0.

AYE: Collier, Sims, Harrod, Peterson, Winterringer, Smith
NAY: None



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 Agenda Item Number 3 of the Shawnee Municipal Authority.

b. Minutes from the February 21, 2012 regular meeting.

c. Acknowledge the following minutes:

• Shawnee Civic and Cultural Development Authority minutes from December 19, 2011, December 29, 2011 and January 19, 2012
• Airport Advisory Board minutes from November 16, 2011 and January 18, 2012
• Traffic Commission minutes from January 24, 2012

d. Lake Lease Transfers and Renewals:
Transfers:

• Lot 2 Coffman Tract, 15405 Perry Road
From: J. Vrana and B. Vrana
To: K. Yingling and M. Yingling

• Lot 5 Magnino Tract, 16516 Archery Range Road
From: B. Jennings and R. Jennings
To: B. Jennings and M. Jennings

• Lot 4 Magnino Tract, 16512 Archery Range Road
From: B. Jennings and R. Jennings
To: B. Jennings and M. Jennings

Renewals:

• Lot 7 Mosler Tract, 16308 Archery Range Road
R. Davis

• Lot 2 Roewe Tract, 15513 Perry Road
D. Bradley

• Lot 13 Magnino Tract, 16708 Clearpond Road
S. Parsons

• Lot 18 Belcher Tract, 33400 Post Office Neck
B. Slaughter and P. Slaughter Revocable Trust

• Lot 1 Hart Tract, 16101 Hart Road
J. Bracklein

e. Traffic Commission Board Recommendations from February 28, 2012 and Agenda Information

f. 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 13-15, 2012 to help citizens prepare for the City's annual Spring clean-up efforts.

g. Approve Resolution No. 6421 declaring certain items surplus property and authorizing sale and disposal of said items.

h. Staff requests permission to bid on a mobile stage for special events. Funds will come from the Parks Department Capital Outlay Budget.

Commissioner Harrod requested that Consent Agenda Item No. 2h be pulled for separate consideration. A motion was made by Commissioner Sims, seconded by Vice Mayor Collier, to approve the Consent Agenda Items a-g, less item h. Motion carried 6-0.

AYE: Sims, Collier, Winterringer, Smith, Harrod, Peterson
NAY: None

Regarding Consent Agenda Item 2h, Commissioner Harrod made a motion to table this item until the total cost for the municipal pool repair is received. Commissioner Smith seconded the motion for discussion purposes. Director of Operations James Bryce addressed the proposed uses for the mobile stage, including many different events and venues and noted it is large enough for band concerts. He further noted that the stage is a budgeted item in the current budget. Commissioner Harrod stated he is not opposed to the stage, but does not want to spend $75,000.00 while there are other needs such as the pool repair to be funded.
The Mayor called for a vote on the previous motion to table the request to advertise for bids for a mobile stage. Motion carried 4-2

AYE: Harrod, Smith, Peterson, Winterringer
NAY: Sims, Collier

AGENDA ITEM NO. 3: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)

Mr. Jack Barrett thanked the Commission for their hard work during the recent sales tax and bond issue election. He further challenged those who voted against the proposals to help find solutions to the city’s needs. He also spoke in support of City Manager Brian McDougal.

AGENDA ITEM NO. 4: Consideration of an ordinance annexing property located northwest of the intersection of MacArthur Street and Acme Road, just east of Highway 177. Applicant: Kickapoo Tribe of Oklahoma (Continued from the December 19, 2011 meeting, January 17, 2012, February 6, 2012 and February 21, 2012)

A motion was made by Commissioner Sims, seconded by Commissioner Smith, to approve the ordinance annexing property located northwest of the intersection of MacArthur Street and Acme Road, just east of Highway 177.

Ordinance No. 2472NS was introduced and the title read aloud.

AN ORDINANCE ANNEXING CERTAIN TERRITORY AND PROPERTY OUTSIDE THE PRESENT CITY LIMITS INTO THE CITY LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, PURSUANT TO TITLE 11 OF THE OKLAHOMA STATUTES; DESCRIBING SAID PROPERTY; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY.

Motion carried 6-0.

AYE: Sims, Smith, Harrod, Peterson, Collier, Winterringer
NAY: None

AGENDA ITEM NO. 5: Consider a resolution authorizing Mayor Linda Peterson to nominate Brian McDougal to fill a vacancy on the Board of Trustees of the Oklahoma Municipal Assurance Group (OMAG).


Resolution No. 6422 was introduced and the title read aloud.

A RESOLUTION AUTHORIZING AND DIRECTING LINDA PETERSON, MAYOR AND AUTHORIZED AGENT OF THE CITY OF SHAWNEE TO NOMINATE BRIAN MCDOUGAL TO FILL A VACANCY ON THE BOARD OF TRUSTEES OF THE OKLAHOMA MUNICIPAL ASSURANCE GROUP FOR A THREE-YEAR TERM COMMENCING ON JULY 1, 2012.

A motion was made by Commissioner Winterringer, seconded by Vice Mayor Collier, to approve a Resolution authorizing Mayor Linda Peterson to nominate Brian McDougal to fill a vacancy on the Board of Trustees of the Oklahoma Municipal Assurance Group (OMAG). Motion Carried 6-0.

AYE: Winterringer, Collier, Smith, Sims, Harrod, Peterson
NAY: None

AGENDA ITEM NO. 6: 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. 7: Administrative Reports

Community Development Director Justin Erickson introduced Assistant City Planner Stephanie Clary to the Commission.


AGENDA ITEM NO. 8: Commissioners Comments

Commissioner Harrod had questions regarding the enforcement of city ordinances to prevent “panhandling” within the city. City Attorney Mary Ann Karns stated that the police were already taking steps to remove the panhandling individuals from their current locations and the traffic department will post signs prohibiting loitering. She also noted that successful enforcement of this will take constant effort on behalf of the police.
Commissioner Harrod also asked if a date had been scheduled for the dedication of the transfer station. City Manager McDougal was not aware of the date, but would find out and let Commissioners know.

MAYOR PETERSON INVOKED HER POWER AS CHAIR TO RECESS THE CITY COMMISSION MEETING AND OPEN THE SHAWNEE MUNICIPAL AUTHORITY AND THE SHAWNEE AIRPORT AUTHORITY MEETINGS. (6:48 p.m.)

MAYOR PETERSON INVOKED HER POWER AS CHAIR TO RECONVENE THE CITY COMMISSION MEETING. (6:55 p.m.)

AGENDA ITEM NO. 9: Consider an Executive Session to discuss City Manager’s evaluation pursuant to 25 O.S. §307(B)(1).

A motion was made by Vice Mayor Collier, seconded by Commissioner Winterringer, to enter into Executive Session to discuss City Manager’s evaluation pursuant to 25 O.S. §307(B)(1). Motion carried 6-0.

AYE: Collier, Winterringer, Smith, Sims, Harrod, Peterson
NAY: None

AGENDA ITEM NO. 10: Consider an Executive Session to discuss City Attorney’s evaluation pursuant to 25 O.S. §307(B)(1).

A motion was made by Vice Mayor Collier, seconded by Commissioner Smith, to enter into Executive Session to discuss City Attorney’s evaluation pursuant to 25 O.S. §307(B)(1). Motion carried 6-0.


AYE: Collier, Smith, Sims, Harrod, Peterson, Winterringer
NAY: None

COMMISSION ENTERS EXECUTIVE SESSION AT 6:56 P.M.

COMMISSION RETURNS FROM EXECUTIVE SESSION WITH SIX COMMISSIONERS PRESENT AT 9:39 P.M.

AGENDA ITEM NO. 11: Consider matters discussed in Executive Session regarding City Manager’s evaluation pursuant to 25 O.S. §307(B)(1).

A motion was made by Commissioner Sims, seconded by Vice Mayor Collier, to extend and modify the employment agreement with the City Manager; specifically Section B changing the agreement expiration date from June 30, 2014 to June 30, 2015 and changing Section 2(a) from 90 days to 180 days in both instances mentioned in that subsection. Motion carried 5-1.

AYE: Sims, Collier, Winterringer, Peterson
NAY: Harrod

AGENDA ITEM NO. 12: Consider matters discussed in Executive Session regarding City Attorney’s evaluation pursuant to 25 O.S. §307(B)(1).

A motion was made by Commissioner Sims, seconded by Commissioner Smith, to renew the agreement with the City Attorney for the FY 2012-2013 through June 30, 2013. Motion carried 6-0.

AYE: Sims, Smith, Harrod, Peterson, Collier, Winterringer
NAY: None

AGENDA ITEM NO. 13: Adjournment

There being no further business to be considered, a motion was made by Commissioner Sims, seconded by Commissioner Smith, that the meeting be adjourned. Motion carried 6-0. (9:44 p.m.)

AYE: Sims, Smith, Harrod, Peterson, Collier, Winterringer
NAY: None




LINDA PETERSON, MAYOR

ATTEST:



PHYLLIS LOFTIS, CITY CLERK

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