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Date: 8/4/2014Board: City CommissionDocumentType: MinutesWeb Posted: 8/19/2014 9:17:29 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
AUGUST 4, 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, Monday, August 4, 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

Pam Stephens Absent
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: Linda Agee, Steve Smith

INVOCATION Lord’s Prayer led by Mayor Mainord

FLAG SALUTE Commissioner Hall

COMMISSIONER SMITH ARRIVED AT 6:31 P.M.

AGENDA ITEM NO. 1: Consider approval of Agenda.

A motion was made by Commissioner Hall, seconded by Commissioner Winterringer, to approve the Agenda. Motion carried 6-0.

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

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

a. Minutes from the July 21, 2014 regular meeting.

b. Acknowledge the following minutes:
• Traffic Commission minutes from the April 22, 2014 meeting

c. Budget Amendment Fund 301
Rollover’s from last year budget for projects that were not completed before year end. Also rolling over pool money from last year.

d. Budget Amendment Fund 302
Rollover’s from last year budget for projects that were not completed before year end.

e. Acknowledge denial of Tort Claim No. 137877-BD, R. A. Burns

f. Approve Resolution Number 6472 casting votes for District 4 Trustee and At-Large Trustee to the Oklahoma Municipal Retirement Fund.

g. Traffic Commission Recommendations
A. Consideration of request by Amanda Harrison, to post stop signs on the East and West bound lanes at the intersection of East Burns and North Hobson.

STAFF RECOMMENDATION: Staff has no recommendation
BOARD RECOMMENDATION: Board recommends denial of request

h. Mayor’s Appointments:
Beautification Committee

Joe Harbeson Term Expires July 2017 1st Term
Replaces Tom Terry

Debi Renegar Term Expires July 2017 1st Term
Replaces Paul Malley

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve the Consent Agenda Item Nos. 2(a-h). Motion carried 6-0.

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

AGENDA ITEM NO. 3: Commissioners Comments

Vice Mayor Harrod wanted to clarify, in light of recent complaints, that the Kickapoo Street Project is an Oklahoma Department of Transportation (ODOT) project and not a City project. Mayor Mainord asked if there was an incentive in the contract for an early completion. City Engineer John Krywicki said he did not know but would check on it. Vice Mayor Harrod also stated that although the concrete is poured on certain sections of the street, it still requires 28 day time period and a strength test before use. Commissioner Winterringer said that Kickapoo Street businesses need support during the construction.

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

The following individuals spoke regarding flooding problems on East Buck Drive in Shawnee:
Ms. Yvonne Cox, 922 East Buck stated that streets and homes are being flooded and home values are decreasing.
Mr. Ted Ross lives at 918 East Buck and bought the house four months ago. He said that there has been two feet of water in his yard recently.
Mr. Roland Blake lives at 920 East Buck Drive spoke of the flooding event in the area four years ago when a child died. He also spoke of a submerged vehicle during the most recent flooding.

Dr. Ron Shaw addressed the Commission and stated he believes Commissioner Winterringer is an admirable man but has concerns about him still representing Ward 5 when he no longer lives in the area and no longer owns property there. He said that City Commission should take action regarding this.

AGENDA ITEM NO. 5: Presentation by City Manager to Employee of the Month, Kenneth Presley, Cemetery Division.

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

AGENDA ITEM NO. 6: Discussion, consideration and possible action on an ordinance amending Article II of the City of Shawnee Charter providing for referral of Ordinances of Detachment of Territory under specified circumstances to a vote of the people and reimbursement for public improvements.

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve an ordinance amending Article II of the City of Shawnee Charter providing for referral of Ordinances of Detachment of Territory under specified circumstances to a vote of the people and reimbursement for public improvements.

Ordinance No. 2549NS was introduced.

AN ORDINANCE RELATED TO AMENDMENTS TO THE CHARTER OF THE CITY OF SHAWNEE PROVIDING FOR REFERRAL OF ORDINANCES OF DETACHMENT OF TERRITORY FROM THE CITY LIMITS TO A VOTE OF THE PEOPLE UNDER CERTAIN CIRCUMSTANCES; AND FOR REIMBURSEMENT OF THE COSTS OF PUBLIC IMPROVEMENTS LOCATED ON DETACHED PROPERTY; SETTING AN EFFECTIVE DATE AND PROVIDING FOR SEVERABILITY.

Motion carried 5-1.

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

Ordinance No. 2549NS was adopted by the City Commission.

AGENDA ITEM NO. 7: Discussion, consideration and possible action on a resolution calling for a special election to be held November 4, 2014, for a vote on whether Ordinance amending Article II of the Charter of the City of Shawnee should be approved.

Resolution No. 6473 was introduced.

A RESOLUTION AUTHORIZING THE CALLING AND HOLDING OF A SPECIAL ELECTION IN THE CITY OF SHAWNEE, OKLAHOMA ON TUESDAY THE 4TH DAY OF NOVEMBER, 2014, FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED QUALIFIED VOTERS OF SAID CITY THE QUESTION OF WHETHER ORDINANCE NO. 2549NS, WHICH AMENDS THE CHARTER OF THE CITY OF SHAWNEE BY ADDITION OF TWO SECTIONS TO ARTICLE II,
PROVIDING FOR REFERRAL OF ORDINANCES OF DETACHMENT OF TERRITORY FROM THE CITY LIMITS TO A VOTE OF THE PEOPLE UNDER CERTAIN CIRCUMSTANCES; AND FOR REIMBURSEMENT OF THE COSTS OF PUBLIC IMPROVEMENTS LOCATED ON DETACHED TERRITORY; PROVIDING FOR SAID ELECTION TO BE CONDUCTED BY THE POTTAWATOMIE COUNTY ELECTION BOARD; PROVIDING THAT POLLS SHALL BE OPEN
CONTINUOUSLY FROM 7:00 A.M. TO 7:00 P.M.; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve a resolution calling for a special election to be held November 4, 2014, for a vote on whether Ordinance amending Article II of the Charter of the City of Shawnee should be approved. Motion carried 5-1.

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

AGENDA ITEM NO. 8: Discussion, consideration and possible action on a settlement of Case No. CJ 2013-377, Pottawatomie County, with Nash Construction.

City Attorney Mary Ann Karns provided background information regarding the lawsuit between the City and Nash Construction. She stated the City had withheld $40,000.00 from the original contract price due to poor resurfacing work done by Nash Construction on 45th Street. Nash Construction sued the City who then countersued. A settlement was reached at mediation where the City kept the $40,000.00 and Nash Construction would pay the City an additional $25,000.00 for a full dismissal of all claims.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Stephens, to approve the settlement of Case No. CJ 2013-377, Pottawatomie County, with Nash Construction as reached in mediation. Motion carried 6-0.

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

AGENDA ITEM NO. 9: Consider Bids:

a. Splash Pad Boy Scout Park (Open RFQ)

RESPONDENT

Alaback Design Associates, Inc.
Tulsa, Oklahoma

Landplan Consultants, Inc.
Tulsa, Oklahoma

Planning Design Group
Tulsa, Oklahoma

Director of Operations James Bryce read the names of the respondents into the record and requested that the contract award be deferred until Staff reviewed the qualifications, interviewed the respondents and negotiate a contract, if a qualified company is chosen.

A motion was made by Commissioner Winterringer, seconded by Commissioner Hall, to defer the contract award to a future City Commission meeting until Staff reviews the qualifications, interviews the respondents and negotiates a contract, if a qualified company is chosen, and then brings that contract to the City Commission. Motion carried 6-0.

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

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.

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE AIRPORT AUTHORITY AND SHAWNEE MUNICIPAL AUTHORITY (7:00 P.M.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (7:02 P.M.)

AGENDA ITEM NO. 11: Consider an Executive Session to discuss City Manager’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee."

A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to enter into Executive Session to discuss City Manager’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee." Motion carried 6-0.

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

AGENDA ITEM NO. 12: Consider an Executive Session to discuss City Attorney’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee.”

A motion was made by Commissioner Winterringer, seconded by Vice Mayor Harrod, to enter into Executive Session to discuss City Attorney’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee.” Motion carried 6-0.

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

AGENDA ITEM NO. 13: Consider an Executive Session to discuss Municipal Judge’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee."

A motion was made by Commissioner Hall, seconded by Commissioner Winterringer, to enter into Executive Session to discuss Municipal Judge’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee." Motion carried 6-0.

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

COMMISSION ENTERED INTO EXECUTIVE SESSION AT 7:03 P.M. WITH ALL MEMBERS PRESENT.

COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 7:54 P.M. WITH ALL MEMBERS PRESENT.

AGENDA ITEM NO. 14: Consider matters discussed in Executive Session regarding City Manager’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee."

A motion was made by Commissioner Winterringer, seconded by Commissioner Hall, to renew the City Manager’s contract with a three percent (3%) pay raise retroactive to July 1, 2014. Motion carried 6-0.

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

AGENDA ITEM NO. 15: Consider matters discussed in Executive Session regarding City Attorney’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee;"

A motion was made by Commissioner Stephens, seconded by Commissioner Smith, to approve the City Attorney’s proposed contract as written retroactive to July 1, 2014. Motion carried 6-0.

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

AGENDA ITEM NO. 16: Consider matters discussed in Executive Session regarding Municipal Judge’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee;"

No action taken.

AGENDA ITEM NO. 17: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (7:56 p.m.)


WES MAINORD, MAYOR
ATTEST:


_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK

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