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Date: 3/17/2014Board: City CommissionDocumentType: MinutesWeb Posted: 4/8/2014 10:25:59 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
MARCH 17, 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, March 17, 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 Keith Hall
Commissioner Ward 3-Vice Mayor Commissioner Ward 4

John Winterringer Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: Pam Stephens

INVOCATION Rev. Leroy Kerbo


FLAG SALUTE Led by Mayor Mainord

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 6-0.

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

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

a. Minutes from the March 3, 2014 regular meeting

b. Acknowledge the following minutes and reports:
• Planning Commission minutes from the January 8, 2014 meeting
• Shawnee Civic and Cultural Development Authority minutes from Regular meeting on January 16, 2014 and Special Called meeting on February 3, 2014.
• License Payment Report for February 2014
• Project Payment Report for February 2014

c. Authorize staff to advertise for bids on the Parking Lot and Drive improvements for the Municipal Swimming Pool Project.

d. Workers Comp Settlement – Darrell Freeman

e. Workers Comp Settlement – Loyd Davis

f. Approve Resolution of Appreciation to Rhonda Masquat for over 38 years of service to the City of Shawnee.

g. Mayor’s Appointment
Traffic Commission
Paul Roberts 1st term Expires 1/01/2017
Replaces Deena Harris – termed out

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve the Consent Agenda Item Nos. 4(a-g). Motion carried 6-0.

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

AGENDA ITEM NO. 3: Commissioners Comments

Mayor Mainord spoke about recycling by reminding citizens that if they are able to use a small polycart, their sanitation costs will decrease.
The Mayor directed a question to staff regarding using inmates/jail trustees to help in the city parks this summer for mowing and weed control.


Vice Mayor Harrod asked Staff if anyone has picked up plans for the municipal pool.

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 Tornado Response.

Frank Oliver representing Canadian Valley Electric Cooperative was present to accept the Certificate of Appreciation for Tornado Response presented by the Mayor.

AGENDA ITEM NO. 6: Presentation of Resolution of Appreciation to Rhonda Masquat for over 38 years of service to the City of Shawnee.

Rhonda Masquat was present to accept Resolution No. 6463 in appreciation of over 38 years of service to the City of Shawnee presented by Mayor Mainord.

AGENDA ITEM NO. 7: City Manager’s presentation of Employee of the Month to Julie Daniels, Police Department Dispatch.

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

AGENDA ITEM NO. 8: Discuss and consider refusal of Quit Claim Deeds on properties located at 1207 East 9th Street and 702 West Main Street deeded to the City of Shawnee by an individual.

A staff report was given by Community Development Director Justin Erickson concerning this item. Mr. Erickson stated that these properties were purchased at a sheriff’s sale. However, once the purchaser determined that the City had public nuisance liens for demolitions on both properties, he deeded the properties to the City of Shawnee. A motion was made by Commissioner Smith, seconded by Commissioner Hall, to refuse the Quit Claim Deeds on properties located at 1207 East 9th Street and 702 West Main Street deeded to the City of Shawnee by an individual. Motion carried 6-0.

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

AGENDA ITEM NO. 9: Public hearing and consideration of an ordinance to rezone property located at 3720 N. Bryan from R-1; Single Family Residential to R-E; Residential Estates District. Case #P05-14 Applicant: Janice Percell

The staff report was given by Justin Erickson. Staff and the Planning Commission recommended approval of this rezoning application. Mayor Mainord declared a public hearing in session to consider an ordinance rezoning property located at 3720 N. Bryan from R-1; Single Family Residential to R-E; Residential Estates District. No one appeared in favor or against said rezoning. The public hearing was closed.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve the ordinance rezoning property located at 3720 N. Bryan from R-1; Single Family Residential to R-E; Residential Estates District.

Ordinance No. 2537NS was introduced.

AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA: A TRACT OF LAND DESCRIBED AS BEGINNING AT A POINT 12.0 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE/4) OF SECTION FIVE (5), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE SOUTH 392.03 FEET; THENCE WEST 666.68 FEET; THENCE NORTH 392.03 FEET; THENCE EAST 666.68 FEET TO THE POINT OF BEGINNING; FROM R-1; SINGLE FAMILY RESIDENTIAL TO R-E; RESIDENTIAL ESTATES DISTRICT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 6-0.

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

Ordinance No. 2537NS was adopted by the City Commission.

AGENDA ITEM NO. 10: Public hearing and consideration of an ordinance to rezone property located at 8 and 12 East MacArthur from C-1; Neighborhood Commercial to C-3; Automotive, Commercial and Recreational District. Case #P03-14 Applicant: James T. Kerr

In Mr. Erickson’s staff report he noted that the Planning Commission and city staff recommend approval of this rezoning. Mayor Mainord declared a public hearing in session to consider an ordinance rezoning property located at 8 and 12 East MacArthur from C-1; Neighborhood Commercial to C-3; Automotive, Commercial and Recreational District. Mr. Terry Kerr, Architect for the proposed project, appeared to answer any questions regarding the zoning application. Mr. Kerr stated that the intended use of the property is an urgent care facility. No one appeared against said rezoning and the public hearing was closed.

A motion was made by Commissioner Hall, seconded by Commissioner Smith, to approve the ordinance rezoning located at 8 and 12 East MacArthur from C-1; Neighborhood Commercial to C-3; Automotive, Commercial and Recreational District.

Ordinance No. 2538NS was introduced.

AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, TO WIT: THE WEST 100 FEET OF THE EAST HALF OF THE SOUTH HALF (E/2 S/2) AND THE EAST HALF OF THE NORTH HALF (E/2 N/2) AND THE EAST 75 FEET OF THE SOUTH HALF (S/2) OF BLOCK TWO (2), WYANT'S FIRST ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA ... LESS THE SOUTH 7 FEET AND THE SOUTH HALF (S/2) OF VACATED 32"D STREET ADJACENT TO THE NORTH LINE OF BLOCK TWO (2) FROM C-1; NEIGHBORHOOD BUSINESS TO C-3; AUTOMOTIVE, COMMERCIAL AND RECREATIONAL DISTRICT, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 6-0.

AYE: Hall, Smith, Agee, Harrod, Mainord, Winterringer
NAY: None
Ordinance No. 2538NS was adopted by the City Commission.

AGENDA ITEM NO. 11: Public hearing and consideration of approval of a Conditional Use Permit in C-4 zoning located at 6 West Main. Case #P02-14. Applicant: Rob and Misty Hardison

Mr. Erickson presented the staff report stating that this request was for a conditional use permit to allow an art gallery to serve alcoholic beverages at some of their events.
Mayor Mainord declared a public hearing in session to consider approval of a Conditional Use Permit in C-4 zoning located at 6 West Main. Mr. Dell Kerbs and Ms. Teresa Cody appeared questioning what would occur if the property was leased to a second party. Each stated that they did not want to see this property used as a full-fledged bar. Mr. Erickson stated that the conditional use permit, if granted to applicant, would not be transferrable to another party. Ms. Amy Friend appeared in favor of rezoning. No one else appeared in favor or against said rezoning and the public hearing was closed.

A motion was made by Commissioner Hall, seconded by Commissioner Smith, to approve a Conditional Use Permit in C-4 zoning located at 6 West Main.

Ordinance No. 2539NS was introduced.

AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, TO WIT: LOT 12, BLOCK 24, AMENDED PLAT, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF FROM C-4; CENTRAL BUSINESS TO C-4P; CENTRAL BUSINESS WITH CONDITIONAL USE PERMIT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 6-0.

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

Ordinance No. 2539NS was adopted by the City Commission.

AGENDA ITEM NO. 12: Consideration of approval of a Final Plat for North Harrison Street Business Park located at Harrison and Wolverine Road. Case #S02-14 Applicant: Redbud Development, LLC
Staff report was given by Justin Erickson. Richard Landes with Landes Engineering spoke regarding the sidewalk requirements.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve the final plat for North Harrison Street Business Park located at Harrison and Wolverine Road with the following conditions:

1. Corrections to the Final Plat dimensional calculations shall be made and approved by the City Engineer prior to recording of the Final Plat.
2. The 1 00-year FEMA Floodplain shall be labeled and the area noted as "Outlot A" on the final plat submitted for recording.
3. Right-of-way shall be provided and shown as fifty (50') feet along the entire frontage of Wolverine Road, including adjacent to the floodplain.
4. Revised storm water calculations must be submitted and shall be approved by the City Engineer prior to construction.
5. The waterline location along Wolverine Road shall be revised to be within 5 feet of the property line instead of the location shown on the Final Plat.
6. Construction of public and other site improvements shall be in accordance with the engineering plans reviewed and approved by the City Engineer. Revised plans will be necessary to address conditions herein.
7. A six-foot sidewalk shall be installed along Harrison Street.
8. Public improvements shall be installed or otherwise bonded for prior to recording of the Final Plat.
9. All other applicable City standards apply and no variances are hereby approved.

Motion carried 6-0.

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

AGENDA ITEM NO. 13: Public hearing and consideration of approval of a Planned Unit Development located at the SW/4 of I-40 and Kickapoo Street in C-3 zoning for commercial use. Case #P04-14 Applicant: Cates-Clark & Associates, LLP


Staff report was given by Justin Erickson.
Mayor Mainord declared a public hearing in session to consider approval of a Planned Unit Development located at the SW/4 of I-40 and Kickapoo Street in C-3 zoning for commercial use. No one appeared to speak in favor or against the project and the public hearing was closed.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve a Planned Unit Development located at the SW/4 of I-40 and Kickapoo Street in C-3 zoning for commercial use with the following conditions:

1. Detailed construction drawings shall be submitted and approved by the City Engineer prior to consideration of the Final Plat.
2. The requirements and conditions of the City Engineer as detailed in his February 26, 2014 memorandum (Exhibit 3) shall be met and shall be so shown on the above-noted construction plans (Condition #1) and/or Final Plat as dictated.
3. These conditions shall override any deviation proposed in the Planned Unit Development Master Plan or Design Statement.
4. Lot 9 is approved on the Preliminary Plat and PUD Master Plan as conceptual only. Final site layout, ingress/egress onto 45th Street, timing of traffic signalization, parking lot configuration, internal sidewalks, landscaping, building layout and circulation, and all other details will be specifically addressed during the Final Plat of Lot 9 when additional design details are known.
5. Approval of the Planned Unit Development and Preliminary Plat shall not be construed as approval of any specific layout or configuration unless otherwise conditioned herein. Construction drawings, final plat, and building plan submittals may differ from conceptual layout as required by the City.
6. Sidewalks are required along 45th Street, the internal public collector road, and associated public drives concurrent with development. Sidewalks shall also be installed along the main access-way to the shopping center complex planned for Phase 1. Sidewalk layout shall be reviewed and approved as part of the construction plan and Final Plat process.
7. Lots 4-8 shall be developed to include a pedestrian connection (sidewalk) from each lot to the existing public sidewalk along Kickapoo Street concurrent with individual site development.
8. A notation on the Final Plat shall read "limits of no access" along the Kickapoo Street frontage of Lots 4-8. No additional driveways along Kickapoo Street are permitted, except the main access road between Lot 4 and Lot 5.
9. Roadway improvements (public collector) may be phased for Lots 5-8 as development occurs on each lot (Figure 4), provided that:
a. Development on Lot 8 will require improvements to both 46th Street and the new public collector street.
b. Should Lot 6 or Lot 7 develop (internal lots) before Lot 5 or Lot 8, the entire collector street and 46th Street improvement will be required to ensure proper circulation.
10. The public roadway between Lot 4 and Lot 5 shall be constructed concurrent with construction on Lot 1 or Lot 2 and the existing driveway between Delta Cafe and Whataburger shall be widened and the existing traffic signal upgraded (Figure 5). The applicant/developer shall also install a traffic signal meeting City specifications at the intersection of the new drive and Kickapoo Street, prior to occupancy for any building on Lot 1 or Lot 2.
11. Signage standards shall be approved as follows:
a. The Master Site Plan – Sign Exhibit is hereby approved as presented, subject to any other conditions herein. Said Plan shall be the controlling document for allowable height, square footage, number and general spacing of signs.
b. Attached signs shall be reviewed according to the signage standards applicable to the C-3 zoning district. No deviations to attached signage standards are approved.
c. No flashing or intermittently-lit signs are permissible. Signs may be internally lit.
d. The maximum height of all proposed free-standing signs shall be as indicated on the Master Site Plan – Sign Exhibit.
e. The existing billboard (non-accessory sign) located on proposed Lot 6 shall be removed prior to construction on Lot 6.
12. The Planned Unit Development Design Statement shall be amended as needed to be in conformance with these conditions and submitted to the City for acceptance.
13. The spacing requirement between drives may be reduced to 60-feet on Lot 1 and Lot 2 as indicated on Figure 6.
14. The required parking ratio, building coverage ratio, minimum lot frontage and front-yard setback shall be as indicated in the Planned Unit Development Design Statement.
15. The driveway locations on Lot 4 and Lot 5 shall meet City spacing requirements and shall be reviewed during the building permit process when a specific site design is known. The locations indicated on the Master Plan are not permitted at present (Figure 7).
16. Appropriate public easements and/or dedications shall be obtained by the developer from the Oklahoma Commissioners of the Land Office (CLO) to effectuate Phase 1 and Phase 2 development, City conditions imposed, and to ensure the potential continuation of public improvements to facilitate development to the west. Such easements and dedications shall be submitted concurrent with Final Plat submittal.
17. The approved PUD and conditions herein shall terminate at the written request of the Oklahoma Commissioners of the Land Office if Hunt Properties does not proceed with Phase 1 of the project.
18. Phase 2 of the Shawnee Marketplace PUD shall revert to the base zoning of C-3 upon written request of the Oklahoma Commissioners of the Land Office, in which case, the PUD Master Plan and Design Statement and these conditions shall have no binding authority on the property.

Motion carried 6-0.

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

Ordinance No. 2540NS was adopted by the City Commission.

AGENDA ITEM NO. 14: Consideration of a Preliminary Plat for Shawnee Marketplace Planned Unit Development at the SWQ of I-40 and Kickapoo Street. Case #S01-14 Applicant: Cates-Clark & Associates, LLP

A motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to approve the preliminary plat for Shawnee Marketplace Planned Unit Development at the SWQ of I-40 and Kickapoo Street. Motion carried 6-0.

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

AGENDA ITEM NO. 15: Discussion, consideration and possible action on an ordinance repealing and amending portions of Chapter 8 of the Shawnee Municipal Code, dealing with Businesses, Permits and Licenses.

Agenda Item No. 15 was pulled from agenda by City Attorney. This item will be presented at a later meeting.

AGENDA ITEM NO. 16: Discussion, consideration and possible action to instruct staff to make changes in Chapter 2 of the Shawnee Municipal Code.

City Attorney Mary Ann Karns discussed proposed changes to Chapter 2 of the City Code which will be reflected in the current code recodification. The Commission provided direction to staff on the following items Among items discussed were the sale of city property, the procedure for Commissioners to place items on the agenda, voting protocol as it relates to abstentions, establishing a simple majority vote to enter into executive session, removal of the title “Deputy City Treasurer”, petty cash fund, City Clerk records management and City Clerk’s responsibility relating to licenses and permits.

AGENDA ITEM NO. 17: Acknowledge Sales Tax Report received March 2014.

Cynthia Sementelli, Finance Director, report that March sales tax collected this month was $1,265,687.00, compared to last year's it is down $25,845.00. However, for the fiscal year, it is up 3.74% or $466,728.00. Compared to 2012 numbers, it is up $8,800.00

AGENDA ITEM NO. 18: City Manager’s Report.

City Manager Brian McDougal reported on the following:

1. Staff is in the process of preparing the budget for FY2014-2015. If Commissioners have ideas, he asked that you speak with him or Finance Director Cynthia Sementelli.
2. He has recently attended merchant meetings, along with Community Development Director Justin Erickson and Assistant City Planner Justin Debruin.
3. Anglin PR is in the process of contacting local vendors to begin educating citizens regarding city sales tax.
4. The Legislature is currently in session. Among bills currently under consideration are HB1875 which would decrease the Oklahoma Tax Commission’s charge from 1% to ½% and SB1639 would give incentive training for employees that qualify. SB1445 would increase the charge on cell phones for 911 services. HB1363 and HB2630 address on-line sales.
5. Regarding the Kickapoo widening project, an easement was purchased for $4,200.00 from Harvey Valentine to install a sewer line. It will cost $23,000.00 to install by Jordan Contractors.
6. It will take additional labor to beautify the City. The Center for Employment Opportunities and other sources are being considered for assistance. A budget proposal will be requested for a team of people to augment staff for mowing, etc.
7. Staff is in discussion with Oklahoma Gas & Electric (OG&E) regarding utilizing their wireless smart meters to assist with the City’s pilot study of Automated Meter Reading. This would be much more cost effective than other options previously considered.

AGENDA ITEM NO. 19: Consider Bids:

a. Police Range Tower Project (Award)

Police Chief Russell Frantz announced that three bids were received and after review and consideration it was staff’s recommendation to reject all bids and seek other alternatives.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to accept staff’s recommendation and reject all bids. Motion carried 6-0.

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

AGENDA ITEM NO. 20: 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. 21: Administrative Reports, including but not limited to:
• Main Street Streetscape Project
• Kickapoo Paving Project from Kickapoo Spur to Farrall Street
• Update on the Convention and Visitors Bureau

City Engineer John Krywicki reported on the Main Street Streetscape Project from Beard Street to Oklahoma, which will include waterline replacement, new sidewalks, new curbing and new decorative signals at Broadway and Main and Beard and Main. Staff will also have to inspect and possibly replace the storm sewer. A public hearing on this matter will be held in approximately 5 to 6 weeks. Staff estimates that landscaping and irrigation will cost approximately $26,000.00. The target date to advertise for this project is the July 21, 2014 and the construction start date would be around the end of 2014.
Krywicki reported that the Kickapoo Paving Project from Kickapoo Spur to Farrall Street’s preliminary design and engineering is 75% complete. Oklahoma Department of Transportation (ODOT) will review at a field meeting in mid-April to mid-May.

Brian McDougal reported that the Convention and Visitors Bureau paid for the Bill Geist report that was completed last week. Staff will have more information after March 28, 2014.

AGENDA ITEM NO. 22: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (8:41 p.m.)


WES MAINORD, MAYOR
ATTEST:


_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK



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