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Date: 5/19/2014Board: City CommissionDocumentType: MinutesWeb Posted: 6/3/2014 1:56:08 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
MAY 19, 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, May 19, 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. Jesse Hernandez


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 Smith, to approve the Agenda. Motion carried 6-0.

AYE: Harrod, Smith, Agee, Mainord, Hall, 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 Agenda Item No. 17

b. Minutes from the May 5, 2014 regular meeting

c. Budget Amendment – General Fund 001
To adjust police overtime for the Highway Safety Grant – It’s a reimbursable grant and it is for the payment of OT for DUI enforcement and seatbelt enforcement

d. Budget Amendment – General Fund 001
Salaries and tax expense for terminating/retiring employee leave payout

e. Acknowledge the following minutes and reports:
• Planning Commission minutes from April 2, 2014 meeting
• Shawnee Civic and Cultural Development Authority minutes from March 20, 2014 meeting
• Contract Review Committee minutes from March 26, 2014 meeting and May 9, 2014 meeting
(May 9, 2014 Draft Only not yet approved – for information only)
• License Payment Report April 1-30, 2014
• Project Payment Report April 1-30, 2014

f. Acceptance of safe room rebate grant from the American Red Cross and approval of grant program rules.

g. Acknowledge Oklahoma Municipal Retirement Fund Early Retirement for Charles Stephens.

h. Approve Community Service Contract Review Committee Recommendations for Fiscal Year 2014-2015.

i. Acknowledge eligibility and application for the Edward Bynes Memorial Grant through the U.S. Department of Justice for the Police Department and the Sheriff’s Office.

j. Approve proposal received from Trenton Marr, DVM, of Dogwood Veterinary Hospital, for a spay/neuter program through the Shawnee Animal Shelter.

k. Acknowledge denial of tort claim OMAG No. 136774-TW – K. Butler

l. Acknowledge denial of tort claim OMAG No. 137216-TW – G. Assell

Mayor Mainord asked that Agenda Item No. 2(h) be pulled for separate consideration.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the Consent Agenda Item Nos. 2(a-l), less item 2(h). Motion carried 6-0.

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

Regarding Agenda Item No. 2(h), recommendation regarding Central Oklahoma Transit, Mayor Mainord noted that there were representatives from that agency in the audience wishing to explain some of the issues regarding their audit and federal funding. Ms. Rebecca Stone with Central Oklahoma Community Action Agency (COCAA) handed out a letter to the Mayor and Commissioners that she said explains that audit findings as noted in the Management Letter have now been addressed. She stated the City has supported COCAA in the past and would ask that the Commission reconsider even partial funding.
A motion was made by Mayor Mainord, seconded by Commissioner Hall, to table the consideration of the contract with COCAA until the Contract Review Committee has had an opportunity to review the additional documents provided by COCAA at tonight’s meeting and make a recommendation. Motion carried 6-0.

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

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

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

AGENDA ITEM NO. 3: Commissioners Comments

Commissioner Winterringer stated that Kickapoo Street is still open during construction. City Manager Brian McDougal Reported on the stamped concrete being installed on Kickapoo Street. He noted that these are not bricks but concrete and is the result of a partnership between the City and Oklahoma Department of Transportation.
Commissioner Smith stated he attended a recent grounding breaking at Oklahoma Baptist University (OBU) and was impressed with all of the building projects going on there at this time.

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: A public hearing and consider amending a Planned Unit Development located at 3306 N. Kickapoo. Case #P06-14
Applicant: J. Michael Adcock

Mayor Mainord declared a public hearing in session to consider amending a Planned Unit Development located at 3306 N. Kickapoo. 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 Smith, to amend the Planned Unit Development located at 3306 N. Kickapoo with the following conditions:

1. Removal of Section 14.4, " One sign identifying the members of the business shall be permitted provided it is approved by the City of Shawnee in its sign permit process."
2. Include in the new amendment a height limit of four (4' ) feet for ground mounted direction/instructional signs.
3. Wall signs shall have a maximum size of one-half (1/2) the base standard for aC-3 zoning district.
4. Removal of Section 14.4 of the amended design statement.

Motion carried 6-0.

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

AGENDA ITEM NO. 6: A public hearing and consideration of approval of an ordinance to rezone property located at North Bryan from A-1; Agricultural to R-3; Multi-Family Residential. Case #P07-14 Applicant: Mike Langley

Mayor Mainord declared a public hearing in session to consider an ordinance rezoning property located at North Bryan from A-1; Agricultural to R-3; Multi-Family Residential. Mr. Albert Rice appeared against said rezoning. He is concerned about the large volume of traffic as this location is across the street from his property. No one else appeared in favor/against said rezoning. The public hearing was closed.

A motion was made by Commissioner Winterringer, seconded by Vice Mayor Harrod, to approve the ordinance rezoning property located at North Bryan from A-1; Agricultural to R-3; Multi-Family Residential.

Ordinance No. 2543NS 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 PAINT 636.66 FEET SOUTH OF THE NORTHWEST CORNER OF SECTION NINE (9), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN,POTTAWATOMIE COUNTY, OKLAHOMA; THENCE EAST 331.47 FEET; THENCE SOUTH 660.85 FEET; THENCE WEST 331.61 FEET; THENCE NORTH 661.67 FEET TO THE POINT OF BEGINNING; FROM A-1; RURAL AGRICULTURAL TO R-3; MULTI-FAMILY RESIDENTIAL; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 6-0.

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

Ordinance No. 2543NS was adopted by the City Commission.

AGENDA ITEM NO. 7: A public hearing and consideration of approving an ordinance with a Conditional Use Permit for property located at 909 E. Independence from R-3; Multi-Family Residential District to C-1; Neighborhood Commercial with a Conditional Use Permit. Case #P08-14 Applicant: Kaye Harrod

Mayor Mainord declared a public hearing in session to consider an ordinance with a Conditional Use Permit for property located at 909 E. Independence from R-3; Multi-Family Residential District to C-1; Neighborhood Commercial with a Conditional Use Permit. No one appeared in favor or against said rezoning. The public hearing was closed.

A motion was made by Commissioner Agee, seconded by Commissioner Winterringer, to approve the ordinance with a Conditional Use Permit for property located at 909 E. Independence from R-3; Multi-Family Residential District to C-1; Neighborhood Commercial with a Conditional Use Permit.

Ordinance No. 2544NS 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 EAST 211.825 FEET OF THE NORTH HALF (N/2) OF LOT FOUR (4) AND THE WEST 63.175 FEET OF THE NORTH HALF (N/2) OF LOT THREE (3), MCDIVIIT'S ADDITION TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF: FROM R-3; MULTI-FAMILY RESIDENTIAL TO C-1P; NEIGHBORHOOD COMMERCIAL WITH CONDITIONAL USE PERMIT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 5-0-1.

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

Ordinance No. 2544NS was adopted by the City Commission.

AGENDA ITEM NO. 8: Consideration of approval of a Preliminary Plat for Panda Express located at 194 Shawnee Mall Drive. Case #S06-14 Applicant: Eric J. Abein

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the preliminary plat for Panda Express located at 194 Shawnee Mall Drive with the following conditions:

1. The following development standards and engineering specifications shall be required unless otherwise modified by the City Engineer:
a. The six-inch sanitary sewer shown needs to be changed to an eight-inch sanitary sewer that will become a Public Line.
b. Plan and Profile Sheets for sanitary sewer plan need to be submitted for review. ODEQ permitting will be required, thus, application, engineering report and dollar fee to ODEQ will need to be submitted to the City.
c. The shown open trench installation across Union Street IS NOT Approved. Plans need to be changed to reflect that Union Street will be bored and the sewer line installed in a 14" steel casing with minimum thickness of 1/4 inch. Bore pit for sewer installation shall be no closer than 15' from back of curb of Union Street. Open trench installation of sanitary sewer shall be backfilled with crusher run rock in all areas where pavement will be put back over sewer location.
d. All public improvements shall be installed or otherwise bonded for prior to recording of the Final Plat. Upon satisfactory installation of sewer line, as-built plans and required two year Maintenance Bond will need to be submitted to the City for review and acceptance by City Commission of the City of Shawnee.
2. All other applicable City standards apply and no deviations are hereby approved.
3. Approval of the Final Plat is subject to approval of variance from the Zoning Board of Adjustment, allowing for the creation of a lot that does not directly front upon a public street as required by Section 604.4.

Motion carried 6-0.

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

AGENDA ITEM NO. 9: Consideration of approval of a Final Plat for Panda Express located at 194 Shawnee Mall Drive. Case #S05-14 Applicant: Eric J. Abein

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the final plat for Panda Express located at 194 Shawnee Mall Drive with the following conditions:

1. The following development standards and engineering specifications shall be required unless otherwise modified by the City Engineer:
a. The six-inch sanitary sewer shown needs to be changed to an eight-inch sanitary sewer that will become a Public Line.
b. Plan and Profile Sheets for sanitary sewer plan need to be submitted for review. ODEQ permitting will be required, thus, application, engineering report and dollar fee to ODEQ will need to be submitted to the City.
c. The shown open trench installation across Union Street IS NOT Approved. Plans need to be changed to reflect that Union Street will be bored and the sewer line installed in a 14" steel casing with minimum thickness of 1/4 inch. Bore pit for sewer installation shall be no closer than 15' from back of curb of Union Street. Open trench installation of sanitary sewer shall be backfilled with crusher run rock in all areas where pavement will be put back over sewer location.
d. All public improvements shall be installed or otherwise bonded for prior to recording of the Final Plat. Upon satisfactory installation of sewer line, as-built plans and required two year Maintenance Bond will need to be submitted to the City for review and acceptance by City Commission of the City of Shawnee.
2. All other applicable City standards apply and no deviations are hereby approved.
3. Approval of the Final Plat is subject to approval of variance from the Zoning Board of Adjustment, allowing for the creation of a lot that does not directly front upon a public street as required by Section 604.4.

Motion carried 6-0.

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

AGENDA ITEM NO. 10: Presentation, consideration and public hearing on revisions to the City of Shawnee Zoning Codes. Applicant: City of Shawnee

Mayor Mainord declared a public hearing in session to consider revisions to the City of Shawnee Zoning Codes. Community Development Director Justin Erickson explained the current code was cumbersome and difficult to interpret at time. His staff has been working on revisions for the last two years.
During the staff report, Mr. Erickson noted that some of the changes to the Code will include different formatting which will allow for better readability. Also, there will be changes making the Code consistent with state law and will include specific standards for boarding houses and homeless shelters. The Code will also address daycare centers, landscaping and faηade issues. It will also allow restaurants whose primary focus is food preparation but who also serve alcohol to do so without obtaining a Conditional Use Permit.

No one appeared in favor/against said Zoning Code revisions and the public hearing was closed.
Mr. Erickson will bring these changes back before the City Commission as an ordinance for consideration at the June 2, 2014 commission meeting.

AGENDA ITEM NO. 11: Consider granting an access easement of 0.21 acres in size through City owned land located along Archery Range Road to Gary Chatham.

Staff report was given by Justin Erickson. It was noted that other easements have been granted in the area and that the appraised value of the easement is $400.00.
A motion was made by Mayor Mainord, seconded by Commissioner Hall, to grant an access easement of 0.21 acres in size through City owned land located along Archery Range Road to Gary Chatham upon the payment of $400.00. Motion carried 6-0.

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

AGENDA ITEM NO. 12: Discussion, consideration and possible action regarding reducing the statutory minimum liability limits on City owned property located at property considered to be the north airport property as follows: to wit, a tract of land described as beginning at the Northwest Corner of the Northwest Quarter of Section 7, Township 11 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma; thence S00⁰ 32’ 54” East a distance of 3961.17 feet; thence N89⁰ 20’ 49” East a distance of 2687.98 feet; thence N89⁰ 26’ 08” East a distance of 660.09 feet; thence N00⁰ 10’ 39” East a distance of 1305.87 feet; thence N00⁰ 19’ 37” East a distance of 1322.35 feet; thence S89⁰ 24’ 58” West a distance of 659.35 feet; thence N00⁰ 22’ 02” East a distance of 1322.55 feet; thence S89⁰ 34’ 06” West a distance of 2746.60 feet to the point of beginning, containing 282 acres, more or less; LESS AND EXCEPT A TRACT DESCRIBED AS:
Beginning at the Northwest Corner of the Northwest Quarter of Section 7, Township 11 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma; thence S00⁰ 32’ 54” East a distance of 1029.53 feet; thence N84⁰ 34’ 29” East a distance of 612.68 feet; thence N03⁰ 46’ 04” West a distance of 972.52 feet; thence S89⁰ 34’ 06” West a distance of 555.37 feet to the point of beginning, containing 13.40 acres, more or less.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to table the Agenda Item No. 12 until the June 16, 2014 City Commission meeting. Motion carried 6-0.

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

AGENDA ITEM NO. 13: Discussion, consideration and possible action on acceptance of proposal for Parks Master Plan by Shafer, Kline & Warren, Inc.

Director of Operations James Bryce gave the staff report noting the costs associated with the proposal is $29,600.00 plus $1,800 in reimbursable expenditures.
A motion was made by Commissioner Agee, seconded by Vice Mayor Harrod, to award the Parks Master Plan to Shafer, Kline & Warren, Inc. Motion carried 6-0.

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

AGENDA ITEM NO. 14: Consider Oklahoma Municipal Retirement Fund Lump Sum payment from Defined Benefit Plan and refund of contributions from the Defined Contribution Plan for Stanley Howard.

Human Resources Director, Tammy Johnson, gave a staff report.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, approve the to Oklahoma Municipal Retirement Fund Lump Sum payment from Defined Benefit Plan and refund of contributions from the Defined Contribution Plan for Stanley Howard. Motion carried 6-0.

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

AGENDA ITEM NO. 15: Acknowledge Sales Tax Report received May 2014.

Diane Smith, Assistant to Finance Director, reported that May sales tax collected this month was $1,394,971.00. Compared to last year's, sales tax is up $82,262.00. For the fiscal year, it is up 4.89% or $733,965.00. Compared to 2012 numbers, it is down $57,787.00.

AGENDA ITEM NO. 16: City Manager’s Report.

City Manager Brian McDougal reported on the following:

1. Budget – Staff is still working on some numbers in the budget for FY2014-2015.
2. Health Insurance – The City adopted the increases in premiums paid for employees and he thanked the Commission for that.
3. New Visit Shawnee Board – The Visit Shawnee Board will be a 501c(6). It is a thirteen member board. They are creating by-laws and Articles of Incorporation. They will meet before the end of the month. The new entity will continue to be housed at the offices of the Shawnee Chamber for the present time.
4. Kickapoo Tribe has been in contact regarding an environment grant for the disposal of hazardous waste and seeking partnership with the City.
5. Anglin PR – Anglin PR is mailing postcards to Shawnee residents, staff is working on door hangers at city residences and there will be information commercials at the local movie theaters.
6. Glory Days – John Ayers is organizing and working hard on the Glory Days festivities at the Expo Center.

AGENDA ITEM NO. 17: Consider Bids:

a. Sidewalk/ADA Handicap Ramps Project COS-PW-13-01 (Award)

City Engineer John Krywicki announced that two bids were received and after review and consideration it was staff’s recommendation to award the bid to Parathon Construction LLC of Edmond, Oklahoma in the total amount of $237,350.00.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to accept staff’s recommendation and award the bid to Parathon Construction LLC in the total amount of $237,350.00. Motion carried 6-0.

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

b. Rehab Concrete Streets Project FY13-14 COS-PW13-02 (Open)

BIDDER AMOUNT

MTZ CONSTRUCTION INC. $568,250.00
Oklahoma City, OK

City Engineer John Krywicki read the bid into the record and requested that the bid award be deferred to the next meeting.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to defer the bid award to the June 2, 2014 City Commission meeting. Motion carried 6-0.

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

AGENDA ITEM NO. 18: 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. 19: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (7:43 p.m.)



WES MAINORD, MAYOR
ATTEST:


_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK



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