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Date: 9/2/2014Board: City CommissionDocumentType: MinutesWeb Posted: 9/16/2014 12:52:27 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
SEPTEMBER 2, 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, September 2, 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 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 Vice Mayor Harrod

AGENDA ITEM NO. 1: Consider approval of minutes of the regular meeting of August 18, 2014.

A motion was made by Commissioner Winterringer, seconded by Commissioner Stephens, to approve the minutes of the regular meeting of August 18, 2014. Motion carried 7-0.

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

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE AIRPORT AUTHORITY AND SHAWNEE MUNICIPAL AUTHORITY (6:33 P.M.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (6:34 P.M.)

AGENDA ITEM NO. 2: Consider Resolution of Appreciation to Pam Stephens, Commissioner Ward One of the City of Shawnee.

Resolution No. 6474 was introduced.

A RESOLUTION EXPRESSING APPRECIATION FOR THE OUTSTANDING SERVICE OF PAM STEPHENS AS COMMISSIONER OF WARD ONE OF THE CITY OF SHAWNEE, OKLAHOMA; PROVIDING THAT SAID RESOLUTION BE SPREAD UPON THE OFFICIAL RECORDS OF THE CITY OF SHAWNEE, OKLAHOMA; AND PROVIDING THAT A COPY HEREOF BE PRESENTED TO THE SAID PAM STEPHENS.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve a Resolution of Appreciation to Pam Stephens, Commissioner Ward One of the City of Shawnee. Motion carried 7-0.

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

AGENDA ITEM NO. 3: Consider Resolution of Appreciation to John Winterringer, Commissioner Ward Five of the City of Shawnee.

Resolution No. 6475 was introduced.

A RESOLUTION EXPRESSING APPRECIATION FOR THE OUTSTANDING SERVICE OF JOHN WINTERRINGER AS CITY COMMISSIONER OF WARD FIVE OF THE CITY OF SHAWNEE, OKLAHOMA; PROVIDING THAT SAID RESOLUTION BE SPREAD UPON THE OFFICIAL RECORDS OF THE CITY OF SHAWNEE, OKLAHOMA; AND PROVIDING THAT A COPY HEREOF BE PRESENTED TO THE SAID JOHN WINTERRINGER.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Stephens, to approve a Resolution of Appreciation to John Winterringer, Commissioner Ward Five of the City of Shawnee. Motion carried 7-0.

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

AGENDA ITEM NO. 4: Consider Resolution of Appreciation to Steve Smith, Commissioner of Ward Six of the City of Shawnee.

Resolution No. 6476 was introduced.

A RESOLUTION EXPRESSING APPRECIATION FOR THE OUTSTANDING SERVICE OF STEVE SMITH AS CITY COMMISSIONER OF WARD SIX OF THE CITY OF SHAWNEE, OKLAHOMA; PROVIDING THAT SAID RESOLUTION BE SPREAD UPON THE OFFICIAL RECORDS OF THE CITY OF SHAWNEE, OKLAHOMA; AND PROVIDING THAT A COPY HEREOF BE PRESENTED TO THE SAID STEVE SMITH.

A motion was made by Commissioner Winterringer, seconded by Commissioner Hall, to approve a Resolution of Appreciation to Steve Smith, Commissioner Ward Six of the City of Shawnee. Motion carried 7-0.

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

AGENDA ITEM NO. 5: Presentation of Resolutions of Appreciation and plaques to Commissioner Pam Stephens, Commissioner John Winterringer and Commissioner Steve Smith.

Mayor Wes Mainord presented the Resolution of Appreciation and plaque to Commissioner Pam Stephens.

Mayor Wes Mainord presented the Resolution of Appreciation and plaque to Commissioner John Winterringer.

Mayor Wes Mainord presented the Resolution of Appreciation and plaque to Commissioner Steve Smith.


AGENDA ITEM NO. 6: Swearing in of Ward I Commissioner Gary Vogel, Ward V Commissioner Lesa Shaw and Ward VI Commissioner Micheal Dykstra by Municipal Judge Robert H. Jones and presentation of Certificates of Election.

Municipal Judge Robert H. Jones swore in Ward I Commissioner Gary Vogel, Ward V Commissioner Lesa Shaw and Ward VI Commissioner Micheal Dykstra.

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR FOR RECEPTION FOR OUTGOING AND INCOMING COMMISSIONERS (6:45 P.M.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (7:00 P.M.)

AGENDA ITEM NO. 7: Commission Appointment of a Vice Mayor (per Article III, Section 6 of City Charter)

A motion was made by Commissioner Hall, seconded by Commissioner Vogel, to appoint Commissioner James Harrod as Vice Mayor. Motion carried 5-1-1.

AYE: Hall, Vogel, Agee, Mainord, Dykstra
NAY: Shaw
ABSTAIN: Harrod

AGENDA ITEM NO. 8: Consider approval of Agenda.

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

AYE: Agee, Harrod, Mainord, Hall, Shaw, Dykstra, Vogel
NAY: None

AGENDA ITEM NO. 9: 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. 3-a.

b. Acknowledge the following minutes:
• Shawnee Civic and Cultural Development Authority minutes from June 19, 2014 meeting
• Visit Shawnee Inc. minutes from July 30, 2014 meeting

c. Budget Amendment – General Fund
Increase Unzner Groups Budget to accommodate a grant from the Avedis Foundation of $11,300

d. Budget Amendment – General Fund
Appropriate 2014 CDBG Entitlement Grant Funds for
FY 2014-2015

e. Authorize staff to solicit proposals for providing snow and ice removal assistance, debris removal assistance, and debris monitoring assistance.

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve the Consent Agenda Item Nos. 2(a-e). Motion carried 6-0-1.

AYE: Hall, Harrod, Mainord, Dykstra, Vogel, Agee
NAY: None
ABSTAIN: Shaw

AGENDA ITEM NO. 10: Commissioners Comments

Vice Mayor Harrod appreciated the work at the last meeting the Engineering Department did regarding the flooding on Buck Drive.

AGENDA ITEM NO. 11: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)

Randy Hopkins and Pamela Johnson spoke regarding Agenda Item No. 13. Ms. Hopkins stated that she did not come to the administrative hearing because she was confused about the location of the hearing. They both requested that they be given additional time to remodel the residence at 618 E. Oakland.

AGENDA ITEM NO. 12: Presentation of appreciation to Lowe’s Hero Program, Wal-Mart, and K&J Construction for donations of labor and materials for the Police Department gym and K-9 training area.

Police Chief Russell Frantz presented appreciation awards for donations of labor and materials for the Police Department gym and K-9 training area to representatives from Lowe’s and Wal-Mart. A representative from K&J Construction was not present.

AGENDA ITEM NO. 13: Discussion, consideration and possible action on Pamela Johnson’s appeal of an Administrative Order requiring the demolition of the residential structure located at 618 E. Oakland.

Community Development Director Justin Erickson provided a staff report and noted that this property has not had water service since 2009. It was also noted that the property is in a severe state of disrepair. A previous building permit was issued to the owner in March 2014, but was never picked up. Because of the owner’s confusion regarding the location of the administrative hearing, staff has no objection to the owner being given reasonable time to remodel the structure providing that another building permit is reissued, paid and picked up by the property owner.
A motion was made by Commissioner Shaw, seconded by Commissioner Hall, to reconsider the item in six (6) months and require the property owner to obtain another building permit within thirty (30) days. Motion carried 5-2.

AYE: Shaw, Hall, Dykstra, Agee, Mainord
NAY: Vogel, Harrod

AGENDA ITEM NO. 14: Discussion, consideration and possible action on a resolution canceling the municipal election putting to the voters of Shawnee Ordinance No. 2549 NS amending the Charter of the City of Shawnee set for November 4, 2014, and notifying the Pottawatomie County Election Board of the cancellation.

Commissioner Agee stated that she requested the item be put on the agenda. She said that a vote by the citizens would diminish the Commissioner’s authority and that the newly seat Commissioners should have an opportunity to weigh in on the issue. She said there is already a procedure in place for citizens to appeal a deannexation and that an election would be costly for the City.
Commissioner Shaw agreed with Commissioner Agee citing extensive public education to inform voters on the issues as one of the reasons she is in favor of the proposed resolution.
Commissioner Hall stated that four (4) City Commissioners should not be allowed to make a decision that would affect generations and that citizens should be allowed to make a democratic choice.
Vice Mayor Harrod agreed with Commissioner Hall and said that the people have the right to make the decision.
A motion was made by Commissioner Agee, seconded by Commissioner Dykstra, to approve a resolution canceling the municipal election putting to the voters of Shawnee Ordinance No. 2549 NS amending the Charter of the City of Shawnee set for November 4, 2014, and notifying the Pottawatomie County Election Board of the cancellation. Motion failed 3-3-1.

AYE: Agee, Dykstra, Shaw
NAY: Harrod, Mainord, Hall
ABSTAIN: Vogel

AGENDA ITEM NO. 15: Consider Oklahoma Municipal Retirement Fund Lump Sum payment from Defined Benefit Plan and refund of contributions from the Defined Contribution Plan for Fred Lee Couch.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the Oklahoma Municipal Retirement Fund Lump Sum payment from Defined Benefit Plan and refund of contributions from the Defined Contribution Plan for Fred Lee Couch. Motion carried 5-2.

AYE: Hall, Dykstra, Vogel, Agee, Mainord
NAY: Harrod, Shaw

After the votes were cast, Vice Mayor Harrod noted that he had pushed the “No” button on the electronic voting pad in error.

AGENDA ITEM NO. 16: Consider a resolution to surplus a 2001 Chevrolet pickup and a 1995 Chevrolet truck and donate to the Shawnee Civic and Cultural Development Authority.

Resolution No. 6477 was introduced.

A RESOLUTION DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY SURPLUS AND NO LONGER NEEDED FOR CITY PURPOSES; DESCRIBING SAID ITEMS; AND AUTHORIZING THE TRANSFER OF SAID ITEMS TO THE SHAWNEE CIVIC AND CULTURAL DEVELOPMENT AUTHORITY FOR USE AT THE EXPO CENTER.

A motion was made by Commissioner Hall, seconded by Commissioner Dykstra, to approve a resolution to surplus a 2001 Chevrolet pickup and a 1995 Chevrolet truck and donate to the Shawnee Civic and Cultural Development Authority. Motion carried 7-0.

AYE: Hall, Dykstra, Vogel, Agee, Harrod, Mainord, Shaw
NAY: None

AGENDA ITEM NO. 17: 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. City Manager Brian McDougal reminded the Commission and informed the newly seated Commissioners about Administrative Reports and how to request an Administrative Report be given by a department.

AGENDA ITEM NO. 18: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (7:40 p.m.)

WES MAINORD, MAYOR
ATTEST:

_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK

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