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Date: 9/17/2012Board: City CommissionDocumentType: MinutesWeb Posted: 10/4/2012 3:39:22 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
SEPTEMBER 17, 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, September 17, 2012 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

Absent Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: Pam Stephens, John Winterringer

INVOCATION Rev. Ray Belford
First Christian Church

FLAG SALUTE Commissioner Steve Smith

AGENDA ITEM NO. 1: Consider approval of Agenda.

Mayor Mainord requested that Agenda Item No. 5 be moved to follow Agenda Item No. 2. Commissioner Smith requested Agenda Item No. 9 and Agenda Item No. 10 be switched in order and consider Agenda Item No. 10 prior to Agenda Item No. 9.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the Agenda with the requested changes in the order. Motion carried 5-0.

AYE: Harrod, Hall, Smith, 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/proposals as set forth in Agenda Item Number 13.

b. Minutes from the September 4, 2012 regular meeting.

c. Budget Amendment Capital Fund 301
Amend Budget for grant money received from Grant Transportation Enhancement Program

d. Acknowledge the following minutes and reports:
• Shawnee Urban Renewal Authority minutes from August 7, 2012
• Planning Commission minutes from June 6, 2012
• Sister Cities Council minutes from July 10, 2012
• Project Payment Report for August 2012
• License Payment Report for August 2012

e. Approve agreement with Housing Authority of the City of Shawnee for supplemental police services.

f. Approve agreement with Housing Authority of the City of Shawnee for fingerprint services with the Police Department.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve the Consent Agenda Items a-f. Motion carried 5-0.

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

WE NOW DEVIATE FROM THE PUBLISHED AGENDA TO CONSIDER
AGENDA ITEM NO 5.

AGENDA ITEM NO. 5: A public hearing and consideration of rezoning property located at 204 N. Louisa from C-3; Automotive, Commercial and Recreation to C-4; Central Business with a conditional use permit. Case No. P13-12
(Deferred by the Planning Commission to a special meeting October 10, 2012. No action to be taken until Planning Commission presents their recommendation after the special meeting)

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall to defer this public hearing and consideration of rezoning to the November 5, 2012 meeting. Motion carried 5-0.

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

WE NOW RETURN TO THE PUBLISHED AGENDA

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: City Manager’s presentation of Employee of the Month to Abel Esparza, Animal Control.

Abel Esparza was present to accept the Employee of the Month Certificate presented by City Manager Brian McDougal.

AGENDA ITEM NO. 6: Consider a resolution authorizing approval of an Intergovernmental Agreement by and between the Oklahoma Department of Transportation and the City of Shawnee.

Resolution No. 6433 was introduced.

A RESOLUTION APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE OKLAHOMA DEPARTMENT OF TRANSPORTATION AND THE CITY OF SHAWNEE REGARDING CONSTRUCTION AND MAINTENANCE OF HIGHWAYS WHICH ARE DESIGNATED AS A PART OF THE STATE HIGHWAY SYSTEM AND ARE WITHIN THE CITY LIMITS OF THE CITY OF SHAWNEE.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to approve a resolution authorizing approval of an Intergovernmental Agreement by and between the Oklahoma Department of Transportation and the City of Shawnee. Motion carried 5-0.

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

AGENDA ITEM NO. 7: Consider offer from Texhoma Land Consultants, Inc. to lease mineral rights on approximately 16.5366 mineral acres located in Section 14, Township 10N, Range 2E.

Don Lynch, Emergency Management Director and Jim Roberts, a representative of Texhoma Land Consultants was available to answer any questions.
A motion was made by Commissioner Hall, seconded by Commissioner Smith, to accept the offer from Texhoma Land Consultants, Inc. to lease mineral rights on approximately 16.5366 mineral acres located in Section 14, Township 10N, Range 2E. Motion carried 5-0.

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

AGENDA ITEM NO. 8: Consideration and possible action on a request by Ryan and Melanie Boyd for an extension of their Conditional Use Permit to temporarily utilize a mobile home at 15305 Patterson Road.

A motion was made by Commissioner Agee, seconded by Commissioner Hall, to extend the Conditional Use Permit to temporarily utilize a mobile home at 15305 Patterson Road, for an additional two (2) years. Motion carried 5-0.

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

WE WILL NOW CONSIDER AGENDA ITEM NO. 10 AND THEN AGENDA ITEM NO. 9.

AGENDA ITEM NO. 10: Discussion, consideration and possible action on an ordinance to amend Ordinance No. 2487 NS which replaced the Tourism Advisory Committee with a Tourism Advisory Board to change its effective date.

A motion was made by Commissioner Smith to approve an ordinance to amend Ordinance No. 2487 NS which replaced the Tourism Advisory Committee with a Tourism Advisory Board by changing its effective date. No second was received. The motion dies for lack of a second.

AGENDA ITEM NO. 9: Discussion, consideration and possible action on an ordinance to repeal Ordinance No. 2487NS which replaced the Tourism Advisory Committee with a Tourism Advisory Board.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve an ordinance to repeal Ordinance No. 2487NS which replaced the Tourism Advisory Committee with a Tourism Advisory Board.

Ordinance No. 2488NS was introduced and the title read aloud.

AN ORDINANCE REPEALING ORDINANCE NO. 2487NS, WHICH CREATED A TOURISM ADVISORY BOARD, AND DECLARING AN EMERGENCY.

Motion carried 4-1.

AYE: Harrod, Hall, Agee, Mainord
NAY: Smith

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the Emergency Clause. Motion failed 4-1.

AYE: Harrod, Hall, Agee, Mainord
NAY: Smith

AGENDA ITEM NO. 11: Consider Mayor’s appointment of the following as an advisory committee for improvements to the Shawnee Municipal Pool:

• Terry West
• Richard Finley
• Nancy Ford
• John Ayers
• John Winterringer
• James Bryce

Discussion regarding the size and makeup of the committee concluded with the adding of one individual, Kerri Simmons. Ideas and information from other individuals or sub-committees would be expected by the committee. Also, consider possible public open meetings to gather input from the community and pool users.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve the Mayor’s appointment of the following as an advisory committee for improvements to the Shawnee Municipal Pool: Terry West, Richard Finley, Nancy Ford, John Ayers, Kerri Simmons, John Winterringer and James Bryce. Motion carried 5-0.

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

AGENDA ITEM NO. 12: Acknowledge Sales Tax report received September, 2012.

Finance Director Cindy Sementelli reported sales tax receipts were up from last year by 1.42% but were down by 2.9% from September 2010 receipts. The sales tax receipts, plus interest accumulated for the fiscal year brings us to 2.39% down from the budgeted amount.

AGENDA ITEM NO. 13: Consider Bids/Proposals:

a. Removal of Snow and Ice from streets (Open)

BIDDER AMOUNT

B D C Homes, LLC $140.00 per hour 8am-5pm Mon-Fri
$140.00 per hour 5pm-8am Mon-Fri
$140.00 per hour Saturday and Sunday
$160.00 per hour Holidays

Emergency Management Director Don Lynch read the bid into the record and requested that the bid award be deferred to the next meeting to allow staff to review and check references.

A motion was made by Commissioner Smith, seconded by Commissioner Hall, to defer the bid award to the October 1, 2012 City Commissioner meeting. Motion carried 5-0.

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

AGENDA ITEM NO. 14: 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. 15: Administrative Reports

There was no Administrative Reports.

AGENDA ITEM NO. 16: Commissioners Comments

Commissioner Smith requested the Mayor and Commissioners drive around the community and get a feel for the need that is out there before considering the rezoning request deferred to November 5, 2012 meeting.

Mayor Mainord advised he has met with the Beautification Committee and “planted a seed” regarding bringing pride back into our community. They will resume giving awards for “Shawnee Pride” for lawns.

AGENDA ITEM NO. 17: Adjournment

There being no further business to be considered, a motion was made by Commissioner Smith, seconded by Commissioner Agee, that the meeting be adjourned. Motion carried 5-0. (7:20 p.m.)

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



WES MAINORD, MAYOR

ATTEST:

_______________________________
DONNA MAYO, DEPUTY CITY CLERK

ADDENDUM
TO
MINUTES
SEPTEMBER 17, 2012

At the September 17, 2012 Commission meeting, Agenda Item No. 9, was passed and approved by a 4-1 vote (5 members present). The Emergency Clause, also, received a 4-1 vote (5 members present). At this time the City Attorney believed a 5-0 vote was required for the emergency clause to pass and it was declared failed.

After research the next day it was determined that a 4-1 vote (5 members present) was enough to pass the emergency clause.

The Ordinance No. 2488NS did pass with the emergency clause and took effect immediately.


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