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Date: 5/7/2012Board: City CommissionDocumentType: MinutesWeb Posted: 5/24/2012 3:48:58 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
MAY 7, 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, May 7, 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

Pam Stephens Frank Sims
Commissioner Ward 1 Commissioner Ward 2

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4-Vice Mayor

John Winterringer Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: None

INVOCATION Rev. David Henry
Calvary Baptist Church

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda.

A motion was made by Commissioner Sims, seconded by Vice Mayor Collier, to approve the Agenda. Motion carried 7-0.

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

AGENDA ITEM NO. 2: Consider approval of Consent Agenda:

a. Minutes from the April 16, 2012 regular meeting and special called meeting April 23, 2012.

b. Acknowledge the following minutes and reports:

• Shawnee Civic and Cultural Development Authority minutes from March 15, 2012
• License Payment Report April 1-30, 2012
• Project Payment Report April 1-30, 2012

c. Authorize staff to solicit bids for the demolition of the former Al & James building located at the SE corner of Beard and 10th Street. Bids will include asbestos abatement.

d. Ratification of Collective Bargaining Agreement with IUPA Local #3 for 2011-2012.

e. Request Authorization to Advertise for Bids on the Bryan & Independence Signalization Project.

f. Request Authorization to Advertise for Bids on the Kickapoo & Kulhbird Lane Safety Improvements.

g. Request Authorization to Advertise for Bids on the FY11-12 Rehab Asphalt Streets Project.

h. Request Authorization to Advertise for Bids on the FY11-12 Rehab Concrete Streets Project.

i. Accept Citizens Corps Award in the amount of $2300.00 from Oklahoma Office of Homeland Security and authorize staff to execute grant contract paperwork.

j. Appoint the Mayor and City Attorney to a committee comprised of one city commission representative, one county commissioner, and legal counsel for both entities to prepare a plan for combining communication and dispatch services for Pottawatomie County.

Commissioner Harrod requested that Consent Agenda Item No. 2c be pulled for separate consideration. A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to approve the Consent Agenda Items a-j, less item c. Motion carried 7-0.

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

Regarding Consent Agenda Item 2c, Commissioner Harrod stated demolishing the building is too costly and that renovation would be a better option. A motion was made by Commissioner Harrod to table the item until more information is received regarding costs. The motion died for lack of a second. City Manager Brian McDougal explained the need for additional parking and that the current building does not meet the city’s needs.
A motion was made by Commissioner Sims, seconded by Vice Mayor Collier, to approve Consent Agenda Item No. 2c. Motion carried 6-1.

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

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: Mayor’s Proclamation
“Better Hearing Month”
May 2012

Mayor Peterson read the Better Hearing Month Proclamation and presented the same to Kevin Kalies who was present to accept.

AGENDA ITEM NO. 5: Introduction of Shawnee 2012 student/teacher delegation for exchange trip to Nikaho, Japan.

Taren Taylor of the Sister Cities Council introduced the 2011-2012 student and teacher delegation to the City Commission. The selection included 8 students and 3 teachers, which are:

* Parker Stewart * Christopher Hawkins
* Peyton Wilson * Jonathon Richardson
* Lauryn Cambell-Wiggins * James Graham (Adult)
* Riley Smith * Tami Currie (Adult)
* Lillian Bryant * Taren Taylor (Chair)
* Joshua Wester

AGENDA ITEM NO. 6: A public hearing for consideration of approval to rezone property located at 43000 E. MacArthur from A-1; Agricultural to C-3; Automotive, Commercial and Recreation.
Case #P08-12 (Applicant: Langley Management Co. LLC)

Mayor Peterson declared a public hearing in session to consider rezoning property located at 43000 E. MacArthur from A-1; Agricultural to C-3; Automotive, Commercial and Recreation. No one appeared to speak in favor or against proposed rezoning and the public hearing was closed.

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to rezone property located at 43000 E. MacArthur from A-1; Agricultural to C-3; Automotive, Commercial and Recreation.

Ordinance No. 2478NS was introduced and the title read aloud.

ORDINANCE NUMBER 2478NS, AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, TO-WIT: A TRACT OF LAND DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER (SW/4) OF SECTION FOUR (4), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE NORTH 404.66 FEET; THENCE EAST 258.10 FEET; THENCE SOUTH 404.66 FEET; THENCE WEST 258.10 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO C-3; AUTOMOTIVE, COMMERCIAL AND RECREATION AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 7-0.

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

AGENDA ITEM NO. 7: Consideration of approving the Rolling Hills Addition final plat located at 111 N. Bryan
Case #S01-12 (Applicant: Absentee Shawnee Housing Authority)

A motion was made by Commissioner Sims, seconded by Commissioner Stephens, to approving the Rolling Hills Addition final plat located at 111 N. Bryan with the following conditions:

1. Final improvements plans shall be approved by the City Engineer prior to construction.
2. Prior to filing (recording) the final plat, the applicant shall commence with making the required and proposed private and public site improvements in accordance with construction plans approved by the City Engineer or otherwise bond the project in accordance with City code.
3. Sidewalks shall be installed in accordance with the City's sidewalk ordinance.

Motion Carried 7-0.

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

AGENDA ITEM NO. 8: Consider a resolution for bank qualified approval relating to $8,000,000 Oklahoma Baptist University Authority, Student Housing Revenue Note (OKLAHOMA BAPTIST UNIVERSITY PROJECT) Series 2012 previously approved by the city.

Resolution No. 6424 was introduced.

BANK QUALIFIED APPROVAL RELATING TO $8,000,000 OKLAHOMA BAPTIST UNIVERSITY AUTHORITY, STUDENT HOUSING REVENUE NOTE (OKLAHOMA BAPTIST UNIVERSITY PROJECT) SERIES 2012 PREVIOUSLY APPROVED BY THE CITY.

Chris Gander of Oppenheim, a Division of BOSC, Inc. noted that the City Commission had approved this resolution at the April 23, 2012 commission meeting, but the original resolution did not state the loan was bank qualified and, therefore, needed to be resigned. A motion was made by Commissioner Sims, seconded by Commissioner Smith, to approve a resolution for bank qualified approval relating to $8,000,000 Oklahoma Baptist University Authority, Student Housing Revenue Note (OKLAHOMA BAPTIST UNIVERSITY PROJECT) Series 2012 previously approved by the city. Motion carried 7-0.

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

AGENDA ITEM NO. 9: Consider a resolution declaring the Enclosed Fishing Dock on Shawnee Twin Lake Number One surplus and authorizing staff to accept bids for sale and removal of said dock.

Resolution No. 6425 was introduced.

A RESOLUTION DECLARING THE ENCLOSED FISHING DOCK ON SHAWNEE TWIN LAKE NUMBER ONE SURPLUS PROPERTY AND NO LONGER NEEDED FOR CITY PURPOSES; DESCRIBING SAID ITEM; AND AUTHORIZING STAFF TO PROCEED WITH ADVERTISING FOR SEALED BIDS FROM THE PUBLIC FOR SALE AND REMOVAL OF SAID DOCK.

A motion was made by Commissioner Sims, seconded by Commissioner Smith, to approve a resolution declaring the Enclosed Fishing Dock on Shawnee Twin Lake Number One surplus and authorizing staff to accept bids for sale and removal of said dock. Motion carried 7-0.

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

AGENDA ITEM NO.10: Consider a resolution authorizing the mayor to cast votes for Mr. Brian McDougal and Mr. Craig Stephenson as Trustees for Oklahoma Municipal Assurance Group for three year terms commencing July 1, 2012.

Resolution No. 6426 was introduced.

A RESOLUTION AUTHORIZING AND DIRECTING LINDA PETERSON, MAYOR AND AUTHORIZED AGENT OF THE CITY OF SHAWNEE, OKLAHOMA, TO CAST VOTES FOR TRUSTEES OF THE OKLAHOMA MUNICIPAL ASSURANCE GROUP TO FILL EXPIRING TERMS OF TRUSTEES.

A motion was made by Vice Mayor Collier, seconded by Commissioner Smith, to approve a resolution authorizing the mayor to cast votes for Mr. Brian McDougal and Mr. Craig Stephenson as Trustees for Oklahoma Municipal Assurance Group for three year terms commencing July 1, 2012. Motion carried 7-0.

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

AGENDA ITEM NO. 11: Consider Bids:

a. Converting Supplied Cab and Chassis to Wildland Firefighting Apparatus (Award)


BIDDER AMOUNT
Weis Fire and Safety Equipment Co. $64,489.00
Salina, KS

Interim Fire Chief Dru Tischer announced that one bid was received and after review and consideration it was staff’s recommendation to award the bid to Weis Fire and Safety Equipment of Salina, Kansas in the amount of $64,489.00.

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to accept staff’s recommendation and award the bid to Weis Fire and Safety Equipment in the amount of $64,489.00. Motion carried 7-0.

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

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

City Engineer John Krywicki discussed the current status of the Kickapoo Street project. He informed the Commission of a recent meeting with representatives from the Oklahoma Department of Transportation. Mr. Krywicki reported that there were several items that needed correction according to ODOT. Among the issues were 19 parcels in which the legal descriptions do not “close.” The property owners with corrected legal descriptions will need to re-sign their right-of-way agreements. Also mentioned was a potential issue involving drainage at one property site. Mr. Krywicki stated that ODOT did not have this project on their June scheduling and did not say when they expected it to be scheduled.

Community Development Director Justin Erickson informed the Commission of some future training opportunities. The first will be on May 24, 2012 from 8:30 – 11:30 and the topic will be “The Significant Changes to the 2009 International Residential Code”. This training will be presented by GWS.
A Planning Commission workshop will be held on June 20, 2012 at 1:30 p.m. presented by Catalyst Commercial discussing their retail study findings.

AGENDA ITEM NO. 14: Commissioners Comments

Commissioner Sims stated he was disappointed in the lack of landscaping on the islands at the Expo parking lot.
Commission Harrod asked for clarification regarding the Mayor’s ballot vote on the OMAG board. City Attorney Mary Ann Karns explained the procedure to Commissioner Harrod.

AGENDA ITEM NO. 15: Consider an Executive Session for discussion and possible action on settlement of Anthony Grasso, Case No. CJ-2010-00243 pursuant to 25 O.S. §307(B)(4).

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to enter into Executive Session to discuss and possible action on settlement of Anthony Grasso, Case No. CJ-2010-00243 pursuant to 25 O.S. §307(B)(4). Motion carried 7-0.

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

COMMISSION ENTERS EXECUTIVE SESSION AT 7:13 P.M.

COMMISSIONER HARROD LEAVES COMMISSION MEETING AT 7:13 P.M. AND DOES NOT ATTEND EXECUTIVE SESSION.

COMMISSION RETURNS FROM EXECUTIVE SESSION WITH SIX COMMISSIONERS PRESENT AT 8:22 P.M.

AGENDA ITEM NO. 16: Consider matters discussed in Executive Session regarding discussion and possible action on settlement of Anthony Grasso, Case No. CJ-2010-00243 pursuant to 25 O.S. §307(B)(4).

A motion was made by Commissioner Stephens, seconded by Commissioner Sims, to reject the settlement offer. Motion carried 6-0.

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

AGENDA ITEM NO. 17: Adjournment

There being no further business to be considered, a motion was made by Commissioner Sims, seconded by Commissioner Winterringer, that the meeting be adjourned. Motion carried 6-0. (8:24 p.m.)

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



LINDA PETERSON, MAYOR

ATTEST:



PHYLLIS LOFTIS, CMC, CITY CLERK

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