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Date: 2/18/2014Board: City CommissionDocumentType: MinutesWeb Posted: 3/4/2014 4:10:18 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
FEBRUARY 18, 2014 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 18, 2014 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 Absent
Commissioner Ward 3-Vice Mayor Commissioner Ward 4

John Winterringer Absent
Commissioner Ward 5 Commissioner Ward 6

ABSENT: Pam Stephens, Keith Hall, Steve Smith

INVOCATION Rev. J. Clifton Briscoe
Living Word Church

FLAG SALUTE Led by Commissioner Winterringer

AGENDA ITEM NO. 1: Consider approval of Agenda.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve the Agenda. Motion carried 4-0.

AYE: Harrod, Agee, Mainord, Winterringer
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. 2-a.

b. Minutes from the February 3, 2014 regular meeting and February 6, 2014 special called meeting

c. Acknowledge the following minutes and reports:
• Shawnee Civic and Cultural Development Authority minutes from December 19, 2013
• License Payment Report for January 2014
• Project Payment Report for January 2014

d. Acknowledge the preliminary 2014-2015 Budget Schedule

A motion was made by Commissioner Agee, seconded by Vice Mayor Harrod, to approve the Consent Agenda Item Nos. 2(a-d). Motion carried 4-0.

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

COMMISSIONER SMITH ARRIVES AT 6:35 P.M.

AGENDA ITEM NO. 3: Commissioners Comments

Commissioner Agee stated that one of her constituents called regarding the high costs paid by citizens for water/sewer and ad valorem taxes. Commissioner Agee asked that Commission and staff be mindful of all citizens, not just select groups, during this year’s budget process.

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

There was no Citizens Participation.

AGENDA ITEM NO. 5: Mayor’s Presentation of Certificates of Appreciation for Disaster Response and Recovery.

The Mayor presented the following organizations with Certificates of Appreciation for their assistance in response and recovery following the May 19, 2013 tornado:

Oklahoma Baptist University
Rotary International
The Salvation Army
Lowes
Gordon Cooper Vo-Tech
Shawnee Public Schools
East Central Workforce Investment Board
Avedis Foundation
United Way of Pottawatomie County
TDK
Wal-Mart

Each of the above organization sent a representative to accept the certificate. The Certificate of Appreciation to the Citizen Potawatomi Nation was refused by Chairman Rocky Barrett, who was present at the meeting.

AGENDA ITEM NO. 6: Discussion, consideration and possible action on an ordinance amending Chapter 4, Alcoholic Beverages, of the Code of Ordinances of the City of Shawnee, OK.

City Attorney Mary Ann presented the staff report and recommended approval of the ordinance.
A motion was made by Commissioner Winterringer, seconded by Commissioner Smith, to approve an ordinance amending Chapter 4, Alcoholic Beverages, of the Code of Ordinances of the City of Shawnee, OK.

Ordinance No. 2529NS was introduced.

AN ORDINANCE AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES OF THE CITY OF SHAWNEE, OKLAHOMA, BY PROVIDING THAT DEFINITIONS ARE TO BE IN ACCORDANCE WITH STATE LAW; PROVIDING FOR THE ADOPTION OF LICENSE FEES, PENALTIES AND OCCUPATIONAL TAXES BY RESOLUTION OF THE CITY COMMISSIONER; ADDING DEFINITIONS; PROVIDING FOR SETTING OF FINES; EFFECTS OF RENUMBERING; PROHIBITING ALTERING OF THE CODE; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND DECLARING AN EMERGENCY.

Motion carried 5-0.

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

Ordinance No. 2529NS was adopted by the City Commission.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve emergency clause relating to Ordinance No. 2529NS. Motion carried 5-0.

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

AGENDA ITEM NO. 7: Discussion, consideration and possible action on an ordinance amending Chapter 26,Utilities, of the Code of Ordinances of the City of Shawnee, Oklahoma.


The staff report regarding the proposed ordinance was given by Public Works Director Steve Nelms.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to approve an ordinance amending Chapter 26, Utilities, of the Code of Ordinances of the City of Shawnee, Oklahoma.

Ordinance No. 2530NS was introduced.

AN ORDINANCE AMENDING CHAPTER 26, UTILITIES, OF THE CODE OF ORDINANCES OF THE CITY OF SHAWNEE, OKLAHOMA, BY PROVIDING FOR SETTING THE FORMULA FOR DETERMINING CHARGES; DEALING WITH THE HAULING OF WASTEWATER; PROVIDING FOR THE USE OF POLYETHYLENE PIPE; PROVIDING FOR POLLUTANT STANDARDS; PROVIDING FOR REQUIREMENT TO NOTIFY OF CERTAIN CHANGES AT THE FACILITY; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND DECLARING AN EMERGENCY.

Motion carried 5-0.

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

Ordinance No. 2530NS was adopted by the City Commission.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve emergency clause relating to Ordinance No. 2530NS. Motion carried 5-0.

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

AGENDA ITEM NO. 8: Discussion, consideration and possible action on a resolution setting certain fees connected with the water and wastewater system.

Resolution No. 6462 was introduced.

A RESOLUTION SETTING CERTAIN FEES CONNECTED WITH THE WATER AND WASTEWATER SYSTEM OF THE CITY OF SHAWNEE, OKLAHOMA

The staff report regarding the proposed resolution was given by Public Works Director Steve Nelms.
A motion was made by Commissioner Agee, seconded by Vice Mayor Harrod, to approve a resolution setting certain fees connected with the water and wastewater system. Motion carried 5-0.

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

AGENDA ITEM NO. 9: Acknowledge Sales Tax Report received February 2014.

Cynthia Sementelli, Finance Director, reported that February sales tax collected this month was $1,569,452.00. Compared to last year's we are down
$675,618.00, but last year we received a one-time payment of $639,295.40. Realistically, we are down $37,322.00 from last year’s figures but are still above budget projections.

AGENDA ITEM NO. 10: City Manager’s Report.

City Manager Brian McDougal reported on the following:

1. He is continuing to work with Hunt Properties regarding the Shawnee Marketplace project. He thanked Justin Erickson and John Krywicki for their assistance. Hunt Properties estimates the groundbreaking will be April 1, 2014.

2. He recently attended the City Managers’ Association meeting in Stillwater. Further, he and Vice Mayor Harrod met with legislators at the State Capitol regarding funding priorities.

3. The IUPA and the IAFF unions have announced their intention to bargain for FY 2014-15.

4. Recycling bins will be delivered this week.

5. Staff will be working on the Tobacco Settlement Grant and it will be on the City Commission agenda soon.

AGENDA ITEM NO. 11: 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. 12: Administrative Reports, including but not limited to:

a. Non-accessary Signs – Justin Erickson, Community Development

Community Development Director Justin Erickson began the discussion by providing historical dates and facts as they relate to City Commission action taken on non-accessory signs (billboards). He stated that staff has reviewed this issue again at the request of a City Commissioner and presented the following options for consideration: (1) Maintain the status quo (billboards allowed with stringent requirements), (2) No billboards allowed at all within the city limits, (3) Declare a moratorium while changes are being made to the existing ordinance.
Vice Mayor Harrod said he would be in favor of revisiting the moratorium and stated he receives many complaints regarding billboards, especially on Highway 177 (not in city limits). Commissioner Agee concurred that she would be in favor of the moratorium while changes are being made to the existing ordinance.
Mr. Erickson will bring this issue back to the Commission at a future meeting.

AGENDA ITEM NO. 13: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (7:30 p.m.)



WES MAINORD, MAYOR
ATTEST:


_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK

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