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Date: 7/7/2014Board: City CommissionDocumentType: MinutesWeb Posted: 7/22/2014 9:09:10 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
JULY 7, 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, July 7, 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 AgeeCommissioner Ward 1 Commissioner Ward 2

James Harrod Keith Hall
Commissioner Ward 3-Vice Mayor Commissioner Ward 4

Absent Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: John Winterringer

INVOCATION Rev. Leroy Kerbo
Cross Connection Church

FLAG SALUTE 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, Smith, Stephens, Agee, Mainord
NAY: None

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE AIRPORT AUTHORITY AND SHAWNEE MUNICIPAL AUTHORITY (6:34 P.M.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (6:49 P.M.)

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. 14

b. Minutes from the June 16, 2014 regular meeting.

c. Acceptance of 105 Howitzer from the US Army TACOM Life Cycle Management Command for display in Woodland Veterans’ Park

d. Acknowledge the following minutes:
• Planning Commission meeting minutes from June 4, 2014
• Shawnee Civic and Cultural Development Authority minutes from May 15, 2014

e. Approve renewal of excess liability policy for Workers’ Compensation with Safety National Casualty Corp. for July 1, 2014, through June 30, 2015.

f. Authorize police department to purchase two 2014 Ford police interceptor SUV’s from Bob Hurley Ford dealership at a cost of $26,706 each, from 2014-15 capital funds.

g. Authorize staff to apply for a continuing training grant from FEMA.

h. Approve Wes Watkins Reservoir Oversight Committee meeting minutes from March 6, 2014 and City of McLoud Budget (7-01-13 through 5-31-14) for Wes Watkins Reservoir.

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, Smith, Stephens, Agee
NAY: None


AGENDA ITEM NO. 3: Commissioners Comments

Mayor Mainord stated that the groundbreaking for the municipal pool is on Tuesday, July 8, 2014, at 11:00 a.m.

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

Mr. Jim Sims stated that construction companies are blocking sidewalks and that City ordinance states sidewalks are to remain clear.
Mr. John Barrett spoke regarding Agenda Item No. 11, which is the consideration of a charter amendment which requires a vote of the people when detachment of city property is requested. Mr. Barrett stated that if the Commission passes this charter amendment it will deny citizens their fundament right of initiative and referendum. Mr. Barrett said that current Commissioners are trying to preempt the vote of the new Commission, which will be seated in September.
Also regarding Agenda Item No. 11, City Commissioner-Elect Lesa Shaw stated that the City needs to look at area tribes as partners. She stated she does not agree with the City Attorney’s opinion regarding detachment and asked each Commission to look at the deannexation issue thoroughly before voting. She further proposed that the City establish an annexation/deannexation committee.
Mr. Kevin Kalies also spoke regarding this item and stated that he is against the detachment request as a property owner.

AGENDA ITEM NO. 5: A public hearing and consideration of an ordinance to rezone property located northwest of Terminus of Churchill Street, Woodsong Addition, Shawnee, Oklahoma, from A-1; Rural Agricultural and Planned Unit Development to R-1; Single Family Residential.
Case # P09-14 Applicant: Rick Austin

Assistant City Planner Justin DeBruin gave a staff report and said that staff and the Planning Commission recommend approval.

Mayor Mainord declared a public hearing in session to consider an ordinance rezoning rezone property located northwest of Terminus of Churchill Street, Woodsong Addition, Shawnee, Oklahoma, from A-1; Rural Agricultural and Planned Unit Development to R-1; Single Family Residential. Mr. Rick Austin, applicant, appeared to answer any question the Commission may have. No one appeared against said rezoning and the public hearing was closed.

A motion was made by Commissioner Hall, seconded by Commissioner Stephens, to approve the ordinance rezoning property located northwest of Terminus of Churchill Street, Woodsong Addition, Shawnee, Oklahoma, from A-1; Rural Agricultural and Planned Unit Development to R-1; Single Family Residential.

Ordinance No. 2547NS 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: A TRACT OF LAND DESCRIBED AS BEGINNING 625.40 FEET N00⁰34'34"E OF THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SE/C SW/4) OF SECTION THIRTY-TWO (32), TOWNSHIP ELEVEN (11) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE N00⁰34'34"E A DISTANCE OF 1324.33 FEET; THENCE N89°42'29"W A DISTANCE OF 548.32 FEET; THENCE S00⁰06'12"E A DISTANCE OF 1955.77 FEET (MEASURED S00⁰05'29"E A DISTANCE OF 1957.25 FEET) TO THE SOUTH SECTION LINE; THENCE N89°28'29"E A DISTANCE OF 126 FEET (MEASURED 125.60 FEET); THENCE N00⁰34'34"E A DISTANCE OF 625.40 FEET; THENCE N89°28'29"E A DISTANCE OF 400.03 FEET (MEASURED 400.00 FEET) TO THE POINT OF BEGINNING.
AND
A TRACT OF LAND LYING IN THE SOUTHEAST QUARTER (SE/4) OF SECTION THIRTY-TWO (32), TOWNSHIP ELEVEN (11) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, BEING FURTHER DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER (SW/C SE/4); THENCE N00°34'34" E A DISTANCE OF 1340.18 FEET TO THE POINT OF BEGINNING; THENCE N90°00'00" E A DISTANCE OF 175.43 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 725.00 FEET, A CHORD DISTANCE OF 10.08 FEET, A CHORD BEARING OF S06°49'52" E AND AN ARC DISTANCE OF 10.08 FEET; THENCE N 90°00'00" E A DISTANCE OF 131.28 FEET; THENCE S07°35'41" E A DISTANCE OF 61.38 FEET; THENCE N79°55'00" E A DISTANCE OF 160.61 FEET; THENCE N00°34'34" E 701.20 FEET; THENCE S89°38'26" W A DISTANCE OF 474.62 FEET; THENCE S00°34'34" W A DISTANCE OF 655.49 FEET TO THE POINT OF BEGINNING, FROM A-1 RURAL AGRICULTURAL AND PUD; PLANNED UNIT DEVELOPMENT TO R-1; SINGLE FAMILY RESIDENTIAL; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 6-0.

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

Ordinance No. 2547NS was adopted by the City Commission.

AGENDA ITEM NO. 6: Consideration of approval of a Preliminary Plat for Stone Creek Crossing located at the north corner of MacArthur and Acme Road.
Case #S07-14 Applicant: Stone Creek Investments, Inc.

Justin DeBruin gave the staff report and stated that this property was originally planned for 12 lots but the plat now allows for up to 16 lots.

A motion was made by Commissioner Stephens, seconded by Vice Mayor Harrod, to approve the preliminary plat for Stone Creek Crossing located at the north corner of MacArthur and Acme Road with the following conditions:

1. Final construction documents must be approved by the City Engineer concurrent with Final Plat approval.
2. The final engineered drainage plan must be approved by the City Engineer concurrent with Final Plat approval.
3. Approval of the following deviations:
a. The proposed cui-de-sacs are approved as shown.
b. A private street network may be utilized provided the street is built to City Standards. The final plat shall clearly denote "private" on the street.
c. Aerobic septic system may be utilized for up to 16 lots, as approved by the City Engineer. Also, all septic systems shall be approved by and meet the standards of both the Health Department and Department of Environmental Quality (DEQ). Lots on septic systems shall be no smaller than 0.50 acres in size.
4. All other applicable City standards apply.

Motion carried 6-0.

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

AGENDA ITEM NO. 7: Consideration of approval of a Final Plat for Shawnee Marketplace Planned Unit Development located at the southwest quarter of Interstate 40 and Kickapoo Street.
Case #S09-14 Applicant: Cates-Clark & Associates, LLP
Deferred by Planning Commission to a special called meeting.

Staff advised that this item was deferred by the Planning Commission to a special called meeting. No action taken.

AGENDA ITEM NO. 8: A public hearing and consider an ordinance closing alley between 10th Street and 11th Street and between N. Pesotum Avenue and N. Florence Avenue.

Mr. DeBruin gave the staff report and stated that the requested closure is due to criminal activity in the area. Staff also reported that notice was given to utility companies and surrounding residents with no protests filed. Staff recommends approval
Mayor Mainord declared a public hearing in session to consider an ordinance closing alley between 10th Street and 11th Street and between N. Pesotum Avenue and N. Florence Avenue. Rev. Ken Kerbo appeared and spoke in favor of said closing. He described some of the problems and criminal activity that has occurred recently on and around church property. No one appeared against said ordinance and the public hearing was closed.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the ordinance closing alley between 10th Street and 11th Street and between N. Pesotum Avenue and N. Florence Avenue.

Ordinance No. 2548NS was introduced.

AN ORDINANCE CLOSING PART OF THE PUBLIC ALLEYWAY LOCATED IN BLOCK 7, OAK PARK ADDITION AND PROVIDING FOR SEVERABILITY

Motion carried 6-0.

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

Ordinance No. 2548NS was adopted by the City Commission.

AGENDA ITEM NO. 9: Consideration of a resolution in support of tax credits for CSY Investors, LLC, for rehabilitation of Ashford Place Apartments.

Resolution No. 6469 was introduced.

A RESOLUTION SUPPORTING THE ACQUISITION AND REHABILITATION OF A HOUSING DEVELOPMENT KNOWN AS ASHFORD PLACE APARTMENTS, LOCATED IN THE CITY OF SHAWNEE, OKLAHOMA; SUPPORTING FAVORABLE CONSIDERATION BE GIVEN FOR TAX CREDIT AWARD FOR THIS PROJECT.

Mr. Pete Marrone, a representative of CSY Investors, LLC advised they are
purchasing the Ashford Place Apartment property out of bankruptcy and will be making inside and outside improvements to this low-income property. It is currently 90 - 95% occupied. The rehabilitation project will most likely be completed in late 2014 or early 2015.

A motion was made by Commissioner Stephens, seconded by Commissioner Agee, to approve a resolution of support of tax credits for CSY Investors, LLC, for rehabilitation of Ashford Place Apartments. Motion carried 6-0.

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

AGENDA ITEM NO. 10: Consideration of a resolution to surplus a vehicle to recycle.

Resolution No. 6470 was introduced.

A RESOLUTION DECLARING A VEHICLE ASSIGNED TO THE POLICE DEPARTMENT AS SURPLUS PROPERTY AND NO LONGER USABLE FOR CITY OR ANY OTHER PURPOSES; DESCRIBING SAID ITEM; AND AUTHORIZING STAFF TO PROCEED WITH REMOVAL OF SAID VEHICLE AND DISPOSING OF SAID PROPERTY TO A RECYCLING FACILITY.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve a resolution to surplus a vehicle to recycle. Motion carried 6-0.

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

AGENDA ITEM NO. 11: Discussion, consideration and possible action on a proposal for a charter amendment requiring a vote of the people to approve detachment of territory under specific circumstances. Continued from the June 16, 2014 meeting with the following motion and second remaining on the floor for discussion.

A motion made by Commissioner Hall, seconded by Vice Mayor Harrod, to direct staff to move forward in preparation of ballot language on a proposal for a charter amendment requiring a vote of the people to approve detachment of territory under specific circumstances.

Commissioner Hall amended the previous motion which remained on the floor from the June 16, 2014 meeting. His new motion is as follows and was seconded by Vice Mayor Harrod: To proceed with City Charter amendment resolution on the ballot for the next available election. Wording as follows: “Whenever the Commission determines that territory should be detached from the City limits, it shall submit the question to the voters no later than the next available municipal election, if the territory:
1. Is zoned higher than agricultural; or
2. Has infrastructure, including without limitation, utility services and roads constructed by the City and in place for less than 25 years; or
3. Has infrastructure that produces revenue pledged to payment of indebtedness; or
4. There are more than five occupied residences on the tract; or
5. There is at least one retail business on the tract.”

Regarding the motion, Commissioner Agee expressed her concern that this would only complicate the issue. She feels that it would cost the City several thousand dollars and could result in a waiting period up to two years until an election is set to vote on the proposed detachment.
Commissioner Stephens stated that she agreed with Commission-Elect Shaw’s suggestion to establish an annexation/deannexation committee. She also stated that she does not want the current board of Commissioners to act rashly and urged them to wait until the new City Commissioners are seated to consider this issue.
Commissioner Hall stated there has never been an annexation case in the history of Shawnee that met the criteria proposed. He feels that something this important should have citizen input and not be left up to four people on the City Commission to determine.
Mayor Mainord then called for the vote.

Motion carried 4-2.

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

A motion was then made by Commissioner Hall, seconded by Vice Mayor Harrod, to proceed with the City Charter amendment resolution on the ballot for the next available election with wording as follows: “When land within existing City limits is detached, whether by vote of the people or by city ordinance, the City is entitled to reimbursement for public improvements that have been made to the land being detached. The value of reimbursement to the City shall be no less than:
1. The actual cost of the applicable public improvements; or
2. The remaining sum total of revenues from the applicable infrastructure that are pledged to payment of debt, whichever is greater.”

Motion carried 4-2.

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


AGENDA ITEM NO. 12: Consider approval of Disability Retirement for Carla Clemons from the Oklahoma Municipal Retirement Fund.

A motion was made by Commissioner Stephens, seconded by Commissioner Hall, to approve the Disability Retirement for Carla Clemons from the Oklahoma Municipal Retirement Fund. Motion carried 6-0.

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

AGENDA ITEM NO. 13: Consider approval of acquiring a Permanent Easement for Public Highway at Independence and Kickapoo for parcel 11 and Temporary Easement on parcel11.2 and 11.3, as necessary for the Kickapoo Street widening project.

A motion was made by Commissioner Stephens, seconded by Commissioner Smith, to approve acquiring a Permanent Easement for Public Highway at Independence and Kickapoo for parcel 11 and Temporary Easement on parcel11.2 and 11.3, as necessary for the Kickapoo Street widening project. Motion carried 6-0.

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

AGENDA ITEM NO. 14: Consider Bids:

a. Rehab Concrete Streets Project (Various Locations) FY13-14 Contract No. COS-PW-13-02 (Open)

BIDDER AMOUNT

MTZ Construction, Inc. $505,500.00
Oklahoma City, OK

C 3 Construction
Ada, OK $508,316.61


S&J Construction Specialists LLC $466,725.00
Sapulpa, OK

City Engineer John Krywicki read the bids into the record and requested that the bid award be deferred to the next meeting to allow staff to review and check references.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Stephens, to defer the bid award to the July 21, 2014 City Commission meeting. Motion carried 6-0.

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

AGENDA ITEM NO. 15: 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. 16: Consider an Executive Session to discuss potential claims, litigation or other options regarding Case No. CV-2014-6, Pottawatomie County, City of Shawnee v. International Union of Police Associations, Local No. 3 and Jon Arnett, as authorized by 25 O.S. §307(B)(4).

A motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to enter into Executive Session to discuss potential claims, litigation or other options regarding Case No. CV-2014-6, Pottawatomie County, City of Shawnee v. International Union of Police Associations, Local No. 3 and Jon Arnett, as authorized by 25 O.S. §307(B)(4). Motion carried 6-0.

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

AGENDA ITEM NO. 17: Consider an Executive Session to discuss evaluations of City Manager and City Attorney 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 Hall, to enter into Executive Session to discuss evaluations of City Manager and City Attorney 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, Hall, Smith, Stephens, Agee, Mainord
NAY: None

COMMISSION ENTERED INTO EXECUTIVE SESSION AT 7:35 P.M. WITH ALL MEMBERS PRESENT.

COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 8:16 P.M. WITH ALL MEMBERS PRESENT.

AGENDA ITEM NO. 18: Consider matters discussed in Executive Session regarding potential claims, litigation or other options regarding Case No. CV-2014-6, Pottawatomie County, City of Shawnee v. International Union of Police Associations, Local No. 3 and Jon Arnett, as authorized by 25 O.S. §307(B)(4).

No action taken.

AGENDA ITEM NO. 19: Consider matters discussed in Executive Session regarding discussion of evaluations of City Manager and City Attorney 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. 20: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (8:17 p.m.)



WES MAINORD, MAYOR
ATTEST:


_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK

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