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Date: 2/19/2013Board: City CommissionDocumentType: MinutesWeb Posted: 3/5/2013 2:12:05 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
FEBRUARY 19, 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, Tuesday, February 19, 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

Pam Stephens Linda Agee
Commissioner Ward 1 Commissioner Ward 2

James Harrod Keith Hall
Commissioner Ward 3-Vice Mayor Commissioner Ward 4

John Winterringer Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: None

INVOCATION Lord’s Prayer led by Mayor Mainord

FLAG SALUTE Led by Commissioner Smith

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 7-0.

AYE: Harrod, Hall, Winterringer, Smith, Stephens, 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 SMA Agenda Item No. 4a.

b. Minutes from the February 4, 2013 regular meeting and February 11, 2013 special call meeting.

c. Budget Amendment E-911 Fund 102
Transfer money from reserves to cover priority dispatch training – sole source reserve balance at 06/30/2012 $428,041

d. Acknowledge the following minutes:

• Shawnee Civic and Cultural Development Authority minutes from December 20, 2012
• Shawnee Urban Renewal Authority minutes from December 4, 2012
• License Payment Report for January 2013
• Project Payment Report for January 2013

e. Lake Lot Leases Renewal and Transfer:
Transfer:
• Lot 6 Seck Track, 33804 Post Office Neck
From: Daina Spangler/Gail Harjo Personal Rep
To: Derrick Carpenter Properties LLC

Renewals:
• Lot 5 Seck Tract, 33800 Post Office Neck
Greta Colvin and Duwayne Colvin

• Lot 9 Renfro Tract, 15807 Sleepy Hollow Road
Steve Leader and Jamie Leader

• Lot 15A Belcher Tract, 33310 Post Office Neck
John Hays and Jason Hays


• Lot 6 Mosler Tract, 16304 Archery Range Road
LaDonna Freement

• Lot 15 Hart Tract, 16409 Hart Road
Ronald Swadley

• Lot 14 Hart Tract, 16405 Hart Road
Ronald Swadley

f. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Amber Satterfield.

g. Accept agreement with Mitchell Armitage, Excel Auction, for auctioning items declared surplus to the City of Shawnee. Auction to be held on March 30, 2013 at the Expo Center.

A motion was made by Commissioner Agee, seconded by Commissioner Hall, to approve the Consent Agenda Items a-g. Motion carried 7-0.

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

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

Shawna Nelson spoke regarding Agenda Item No. 6, her request to de-annex a 20 acre parcel of land located near Walker Road and Homer Lane. Ms. Nelson emphasized that the property in question would contain homes in the $250,000 - $350,000 price range and that the residents of this addition would help the local sales tax by their purchases in Shawnee.

AGENDA ITEM NO. 4: City Manager’s presentation of Employee of the Month to Brad Schmidt, Interim Systems Maintenance Manager.

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

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE MUNICIPAL AUTHORITY AND SHAWNEE AIRPORT AUTHORITY (6:39 p.m.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (7:18 p.m.)

AGENDA ITEM NO. 5: Public hearing and consideration of a resolution granting a Vehicle for Hire License to Castle Cab.

Resolution No. 6440 was introduced.

A RESOLUTION OF THE SHAWNEE CITY COMMISSION APPROVING A VEHICLE FOR HIRE BUSINESS LICENSE AS SET FORTH HEREIN.

Mayor Mainord declared a public hearing in session to consider a resolution granting a Vehicle for Hire License to Castle Cab. Staff recommends approval of a vehicle for hire business license for Castle Cab. Mr. Tony Sampson, owner of Castle Cab, spoke and assured the commission that his employs are randomly drug tested and also OSBI background checks are done on each employee. Mr. Jim Sims appeared in favor of approval of the new cab company, stating that the current company, Executive Cab, will not pick up people in wheelchairs. Ms. Gloria Wallace-Hutchinson, co-owner of Executive Cab Service spoke in opposition of Castle Cab, stating that they have been operating within the City for several months without the required permits.

Mayor Mainord closed the public hearing.

A motion was made by Commissioner Hall, seconded by Commissioner Agee, to approve a resolution granting a Vehicle for Hire License to Castle Cab. Resolution No. 6440 was read into the record by the City Attorney. Motion carried 7-0.

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

Resolution No. 6440 was adopted by the City Commission.

AGENDA ITEM NO. 6: Consideration of an ordinance de-annexing a 20 acre parcel located near Walker Road and Homer Lane. Tabled from the February 4, 2013 meeting.

The Commission discussed the benefits and the potential issues involved with the de-annexation of this property. A motion was then made by Commissioner Stephens, seconded by Commissioner Hall, to approve an ordinance de-annexing a 20 acre parcel located near Walker Road and Homer Lane.

Ordinance No. 2496NS was introduced.

AN ORDINANCE DE-ANNEXING/DETACHING CERTAIN PROPERTY NOW WITHIN THE CITY LIMITS OF SHAWNEE, OKLAHOMA, DESCRIBING SAID PROPERTY, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND DECLARING AN EMERGENCY.

Motion carried 5-2.

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

Ordinance No. 2496NS was adopted by the City Commission.

AGENDA ITEM NO. 7: Consider a resolution accepting the transfer of ownership of the local cable franchise from Allegiance Communications, LLC to BCI Allegiance, LLC.

Resolution No. 6441 was introduced.

A RESOLUTION CONSENTING TO AND APPROVING THE ASSIGNMENT OF THE CABLE FRANCHISE AND SYSTEM TO BCI ALLEGIANCE, LLC.

Mr. Shawn Beqaj of BCI spoke to the Commission regarding this item. He spoke of the company’s history in several other cities and listed plans regarding Shawnee’s local cable. Some of the potential upgrades for the Shawnee area listed were faster internet service and more high definition channels. A motion was made by Commissioner Stephens, seconded by Commissioner Winterringer, to approve a resolution accepting the transfer of ownership of the local cable franchise from Allegiance Communications, LLC to BCI Allegiance, LLC. Motion carried 7-0.

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

Resolution No. 6441 was adopted by the City Commission.

AGENDA ITEM NO. 8: Discussion, consideration and possible action to appoint an insurance committee to consist of three commissioners and two staff members.

A motion was made by Commissioner Agee, seconded by Commissioner Hall, to appoint Mayor Mainord, Commissioners Agee and Harrod, and staff Jennifer Dawson and Jill Smith to an insurance committee. Motion carried 4-3.

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

AGENDA ITEM NO. 9: Acknowledge Sales Tax Report received February 2013.

Cynthia Sementelli, Finance Director, reported the sales tax for February was up $620,503.00 from last year receipts. The increase this month was from the sale and transfer of the assets associated with the sale to St. Anthony's Hospital. The sales tax from this transaction was approximately $633,000.00 so sales tax for the holidays was about flat compared to last year. The February Sales tax amount received plus interest was $2,245,070.35 which accumulatively for the fiscal year we are up $452,223.00 or 3.98%.

Attorney’s statement:

City Attorney Mary Ann Karns advised the Commission that the Emergency Clause regarding the Ordinance No. 2496NS as discussed in Agenda Item No. 6 was not voted on.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve emergency clause relating to Ordinance No. 2496NS. Motion carried 5-2.

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

AGENDA ITEM NO. 10: 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. 11: Administrative Reports

There was no Administrative Reports.

AGENDA ITEM NO. 12: Commissioners Comments

There were no Commissioners Comments

AGENDA ITEM NO. 13: Consider an executive session in accordance with 25 O.S.§307 (B(4), communications with city’s attorneys concerning a pending investigation, claim or action, the grievances filed by the IUPA and IAFF. The City Attorney has determined that disclosure will seriously impair the ability of the Commission to resolve the matter in the public interest.

AGENDA ITEM NO. 14: Consider an Executive Session to discuss potential claims, litigation or other options regarding encroachment into City’s utility service area by other entities as authorized by 25 O.S. §307(B)(4).

A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to enter into Executive Session in accordance with 25 O.S.§307 (B(4), Agenda Item No. 13, communications with city’s attorneys concerning a pending investigation, claim or action, the grievances filed by the IUPA and IAFF and, Agenda Item No. 14, to discuss potential claims, litigation or other options regarding encroachment into City’s utility service area by other entities as authorized by 25 O.S. §307(B)(4). Motion carried 7-0.

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

COMMISSION ENTERED INTO EXECUTIVE SESSION AT 8:25 P.M. WITH ALL MEMBERS PRESENT

COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 9:40 P.M. WITH ALL MEMBERS PRESENT

AGENDA ITEM NO. 15: Consider matters discussed in Executive Session regarding communications with city’s attorneys concerning a pending investigation, claim or action, the grievances filed by the IUPA and IAFF. The City Attorney has determined that disclosure will seriously impair the ability of the Commission to resolve the matter in the public interest.

No action was taken.

AGENDA ITEM NO. 16: Consider matters discussed in Executive Session regarding discuss potential claims, litigation or other options regarding encroachment into City’s utility service area by other entities as authorized by 25 O.S. §307(B)(4).

No action was taken.

AGENDA ITEM NO. 17: Adjournment

There being no further business to be considered, a motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, that the meeting be adjourned. Motion carried 7-0. (9:42 p.m.)

_______________________________
WES MAINORD, MAYOR

ATTEST:


_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK



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