Date: 6/10/2013Board: City CommissionDocumentType: MinutesWeb Posted: 6/18/2013 4:47:31 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
JUNE 3, 2013 AT 6:30 P.M.
RESCHEDULED TO JUNE 10, 2013 AT 6:30 P.M.

The Board of City Commissioners of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in rescheduled Regular Session in the Commission Chambers at City Hall, 9th and Broadway, Shawnee, Oklahoma, Monday, June 10, 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 Lord’s Prayer led by Mayor Mainord

FLAG SALUTE Led by Commissioner Harrod

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 5-0.

AYE: Harrod, Hall, Winterringer, Agee, Mainord
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 No. 9

b. Minutes from the May 20, 2013 regular meeting (recessed until May 28, 2013) and the Emergency Called meeting May 23, 2013

c. Acknowledge the following minutes:
• Shawnee Civic and Cultural Development Authority minutes from April 18, 2013
• Shawnee Urban Renewal Authority minutes from April 2, 2013

d. Approve renewal of the following agreements for FY 2013-2014:
1. Independent School District No. 93 for maintenance of tennis courts.
2. Pottawatomie County District Court to establish, develop and implement programs for juvenile misdemeanor offenders.
3. Gordon Cooper Technology Center District No. 5 to provide repaving and repair of public roadways and parking lots used by students, faculty, employees and patrons of GCTC.
4. Agreement with Youth and Family Resource Center, Inc. (Hope House) for Juvenile Services.
5. Agreement to provide police officers for Shawnee High School and Middle School.
6. Fingerprint Service for Housing Authority.
7. Governmental Services contract with the Shawnee Civic and Cultural Development Authority.
8. Animal shelter facility agreement with Town of McLoud.
9. Pottawatomie County Public Safety Center Jail Services Agreement.
10. Project H.E.A.R.T., Inc. for providing meals to elderly persons.
11. Renewal and upgrade of service agreement with Southwestern Bell Telephone Company, d/b/a AT&T Oklahoma for Enhanced 9-1-1 Service
12. Contract with Blackboard Connect

e. Mayor’s Appointments:

Airport Advisory Board

Clifton Barger Appointment 1st Full Term Expires 7/1/2016
Replaces Mike Adcock, Termed out

Kevin Huddleston Appointment 1st Full Term Expires 7/1/2016
Replaces Jack Barrett, Termed out

Zoning Board of Adjustment

Jim L. Cooper Appointment 1st Full Term Expires 6/1/2016
Replaces Paul Bass, Termed Out

Matt Thomas Appointment 1st Full Term Expires 6/1/2016
Replaces Dennis Morris, Termed Out

Planning Commission

Link Cowen Appointment 1st Partial Term Expires 6/1/2014
Replaces Taylor Prince

f. Authorize Water’s Edge Aquatic Design to proceed with construction documents and bid documents.

g. Authorize staff to advertise for bids for debris removal service.

h. Declare American Signal Corp. a sole source vendor and approve their proposal for conversion of our Federal Signal Telephone line controlled outdoor warning sirens to radio control.

i. Acceptance of donation of land located on Tucker Street from the Harrison Center, Ltd. and authorization of letters of donation.

j. Accept Improvements to Sewer Lift Station located at the intersection of Acme Road and MacArthur Street and place maintenance bond into effect.

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve the Consent Agenda Item Nos. a-j. Motion carried 5-0.

AYE: Hall, Harrod, Mainord, Winterringer, Agee
NAY: None

AGENDA ITEM NO. 3: Commissioners Comments

Commissioner Agee stated that she did not feel it was appropriate to spend money for signage for a bike route until we take care of the sidewalks in Shawnee. She was concerned about our residents using wheelchairs and other devices for transportation and felt it was dangerous for them to travel on broken or non-existent sidewalks. She requested the City Manager give an administrative report on sidewalks at the next meeting. City Attorney Karns reported that all sidewalks being constructed are built to American with Disability Act (ADA) standards. She also informed that motorized wheelchairs or scooters can be used on roadways, preferably next to the curb. However, wheelchairs or devices without motors cannot use roadways.

COMMISSIONER SMITH ARRIVES AT 6:40 P.M.

Vice Mayor Harrod stated that he had the opportunity to discuss recycling with various individuals during his recent trip to Alaska. He said he spoke with people from different parts of the county and while each person indicated that recycling was provided in their communities, they also said it was not being used by most people in their communities.

The Mayor Mainord shared that he had received twelve letters from grade school children in Austin, Texas wishing Shawnee well and praying for our community after the recent tornado.

AGENDA ITEM NO. 4: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)

Mr. Michael Affentranger, Chairman of the Board for the Absentee Shawnee Housing Authority Board of Commissioners, requested approval for low income tribal housing which will be an item on the June 17, 2013 agenda. He stated that the complex will be elder housing consisting of 25 units, a storm shelter and walking trails.

Ms. Darinda McElfresh shared her story regarding two vicious dogs that entered her backyard and attacked her dogs. She stated that some dogs do not deserve second chances and requested that the Judge be allowed to order euthanasia for first offenses if the dog presents a repeated danger to people or property.

AGENDA ITEM NO. 5: Discussion, consideration and possible action to enter into a Permit in Lieu of Franchise with Unite Private Network for placing equipment in the Rights of Way of the City of Shawnee in order to provide services to Shawnee Public Schools.

Steve Wilson with Unite Private Network stated this project was to provide fiber networks that would connect Shawnee Public Schools.
A motion was made by Commissioner Agee, seconded by Vice Mayor Harrod, to approve a Permit in Lieu of Franchise with Unite Private Network for placing equipment in the Rights of Way of the City of Shawnee in order to provide services to Shawnee Public Schools. Motion carried 6-0.

AYE: Agee, Harrod, Mainord, Hall Winterringer, Smith
NAY: None

AGENDA ITEM NO. 6: Discussion, consideration and possible action on an Ordinance granting a permit in lieu of franchise to Unite Private Network for the use of the rights of way of the City of Shawnee for the purpose of providing Wide Area Network Services to the Shawnee Public Schools; providing for permits; providing for a fee; providing other measures for operations in the City of Right of way, all as more fully set out in the permit; authorizing the appropriate city officials to execute the permit; providing for severability; providing for codification and declaring an emergency.
A motion was made by Commissioner Hall, seconded by Commissioner Agee, to approve an ordinance granting a permit in lieu of franchise to Unite Private Network for the use of the rights of way of the City of Shawnee for the purpose of providing Wide Area Network Services to the Shawnee Public Schools; providing for permits; providing for a fee; providing other measures for operations in the City of Right of way, all as more fully set out in the permit; authorizing the appropriate city officials to execute the permit; providing for severability; providing for codification and declaring an emergency.

Ordinance No. 2501NS was introduced.

AN ORDINANCE GRANTING A PERMIT IN LIEU OF FRANCHISE TO UNITE PRIVATE NETWORK, LLC, FOR THE USE OF THE RIGHTS OF WAY OF THE CITY OF SHAWNEE FOR THE PURPOSE OF PROVIDING WIDE AREA NETWORK SERVICES TO THE SHAWNEE PUBLIC SCHOOLS; PROVIDING FOR PERMIT; PROVIDING FOR A FEE; PROVIDING OTHER MEASURES FOR OPERATIONS IN THE CITY OF RIGHT OF WAY, ALL AS MORE FULLY SET OUT IN THE PERMIT; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE PERMIT; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND DECLARING AN EMERGENCY.

Motion carried 6-0.

AYE: Hall, Agee, Harrod, Mainord, Winterringer, Smith
NAY: None

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve emergency clause relating to Ordinance No. 2501NS. Motion carried 6-0.

AYE: Harrod, Hall, Winterringer, Smith, Agee, Mainord
NAY: None

Ordinance No. 2501NS was adopted by the City Commission.

AGENDA ITEM NO. 7: Discussion, consideration and possible action of an Ordinance Amending Section 5-3 of the Shawnee Municipal Code related to Vicious Dogs; deleting the requirement of a second violation before euthanasia; providing for repealer; providing for severability; and declaring an emergency.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve an ordinance amending Section 5-3 of the Shawnee Municipal Code related to Vicious Dogs; deleting the requirement of a second violation before euthanasia; providing for repealer; providing for severability; and declaring an emergency.

Ordinance No. 2502NS was introduced.

AN ORDINANCE REPEALING AND AMENDING SECTION 5-3(A) OF THE SHAWNEE MUNICIPAL CODE, “VICIOUS ANIMALS,” BY DELETING A REQUIREMENT OF A SECOND VIOLATION BEFORE EUTHANIZATION OF A VICIOUS ANIMAL; PROVIDING FOR REPEALER, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY.

Motion carried 6-0.

AYE: Harrod, Hall, Winterringer, Smith, Agee, Mainord
NAY: None

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve emergency clause relating to Ordinance No. 2502NS. Motion carried 6-0.

AYE: Hall, Harrod, Mainord, Winterringer, Smith, Agee
NAY: None

Ordinance No. 2502NS was adopted by the City Commission.

AGENDA ITEM NO. 8: Consider Bids:

a. Exterior Restoration, Exterior Painting, and Window Replacement for the Shawnee Municipal Auditorium Building (Open)

Director of Operations James Bryce advised that no bids were received and stated his intention to rebid the project.

AGENDA ITEM NO. 9 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. 10: Administrative Reports

There were no Administrative Reports.

AGENDA ITEM NO. 11: Adjournment

There being no further business to come before the meeting, a motion was made by Commissioner Winterringer, seconded by Commissioner Hall, that the meeting be adjourned. Motion carried 6-0. (7:05 p.m.)

AYE: Winterringer, Hall, Smith, Agee, Harrod, Mainord
NAY: None


WES MAINORD, MAYOR

ATTEST:

_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK

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