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Date: 8/18/2014Board: City CommissionDocumentType: MinutesWeb Posted: 9/4/2014 11:42:10 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
AUGUST 18, 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 18, 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 Rev. Leroy Kerbo,
Cross Connections Church

FLAG SALUTE Commissioner Stephens

AGENDA ITEM NO. 1: Consider approval of Agenda.

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

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

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

a. Minutes from the August 4, 2014 regular meeting

b. Acknowledge the following reports:
• Planning Commission minutes from the August 6, 2014 meeting
• Shawnee Urban Renewal Authority minutes from June 3, 2014
• License Payment Report July 1-31, 2014
• Project Payment Report July 1-31, 2014

c. Approve Visit Shawnee, Inc. board member replacements for FY 2014-2015

d. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution and Defined Benefit plans for Melody Chancellor.

e. Mayor’s Appointment:

SURA Board
Wayne O. Jackson Term to expire 2/02/2015 1st Partial Term
Replaces Patty L. Nida

A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve the Consent Agenda Item Nos. 2(a-e). Motion carried 7-0.

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

AGENDA ITEM NO. 3: Commissioners Comments

Commissioner Stephens reminded everyone that school was back in session and the need to be extremely careful driving, slow down and pay attention.

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 Beautification Committee Awards to the following:

• Cracker Barrel
23 W Interstate Parkway
• La Quinta Inn
5401 Enterprise CT
• St. Benedict Church
632 N Kickapoo
• Luella Hurst
124 N Harrison

Mayor Mainord presented the Beautification Committee Awards. La Quinta Inn had a representative to accept the award and the others will be delivered.

AGENDA ITEM NO. 6: A public hearing and consideration of an ordinance for a Conditional Use Permit on property zoned R-1; Single Family Residential, located at 2102 East Main Street.
Case No. P10-14 Applicant: Absentee Shawnee Housing Authority

Justin Erickson, Community Development Director, gave a staff report on this request and advised the Planning Commission had recommended approval of the Conditional Use Permit. Mayor Mainord declared a public hearing in session to consider a Conditional Use Permit on property zoned R-1; Single Family Residential, located at 2102 East Main Street. No one appeared in favor or against said rezoning. The public hearing was closed.

A motion was made by Commissioner Hall, seconded by Commissioner Stephens, to approve the ordinance for a Conditional Use Permit on property zoned R-1; Single Family Residential, located at 2102 East Main Street, with the following condition:

1. All off-street parking requirements listed in Section 22-185.11 for commercial uses shall apply.

Ordinance No. 2550 NS

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 AT A POINT 1980 FEET SOUTH AND 330 FEET EAST OF THE NORTHWEST CORNER OF THE NORTHWEST QUARTER (NW/C NW/4) OF SECTION TWENTY-ONE (21), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE NORTH 330 FEET; THENCE EAST 180 FEET; THENCE SOUTH 330 FEET; THENCE WEST 180 FEET TO THE POINT OF BEGINNING, ACCORDING TO THE RECORDED PLAT THEREOF: FROM R-1; SINGLE FAMILY RESIDENTIAL TO R-1P; SINGLE FAMILY RESIDENTIAL WITH CONDITIONAL USE PERMIT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 7-0.

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

Ordinance No. 2550 NS was adopted by the City Commission.

AGENDA ITEM NO. 7: Consideration of approval of a Final Plat for Shawnee Marketplace PUD for property located at Interstate 40 and Kickapoo Street, including acceptance of public dedications and a letter of credit in lieu of completion of public improvements, authorizing obtainment of signatures and recording of the final plat.
Case No. S09-14 Applicant: Cates-Clark & Associates

A motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to approve the final plat for Shawnee Marketplace PUD for property located at Interstate 40 and Kickapoo Street, including acceptance of public dedications and a letter of credit in lieu of completion of public improvements, authorizing obtainment of signatures and recording of the final plat, with the following conditions:

1. The conditions set forth in the Shawnee Marketplace Preliminary Plat and PUD approvals by the City Commission (February 18, 2014) shall continue to apply.
2. Final improvement plans shall be approved by the City Engineer prior to construction.
3. Prior to filing (recording) the final plat, the applicant shall commence with making the required public site improvements in accordance with construction plans approved by the City Engineer or otherwise bond the project or provide other financial assurances in accordance with City code. This requirement shall also apply to Marketplace Boulevard, provided that the street may be phased as noted in the conditions adopted by the City Commission on February 18, 2014.
4. Construction of public and other site improvements shall be in accordance with the engineering plans reviewed and approved by the City Engineer.
5. Traffic signal plans need to be submitted and approved by the City Engineering Department for signals at the Main Entrance (between lot 4 and lot 5) with Kickapoo and signal plan upgrades for the existing signal at Lowes' entrance with Kickapoo.
6. Traffic signal (poles, mast arms, ped crossings, controller box, etc.) at Main Entrance with Kickapoo to match the decorative style signals being currently installed on the Kickapoo Paving Project.
7. Street lighting along Main Entrance and Marketplace Boulevard to be decorative style (selected by City) at an appropriate spacing to provide satisfactory illumination.
8. The access, utility and sign easements provided to Shawnee Marketplace by the Commissioners of the Land Office (CLO) shall be noted (including book and page) and shown on the final plat.
9. All other applicable City standards apply.

Motion carried 7-0.

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

AGENDA ITEM NO. 8: Presentation by City Engineer regarding flooding on Buck Drive.

John Krywicki, City Engineer, gave an overview of the area that is having overflow from the creek channel into yards and streets. This area is in a designated flood plain. The old underground storm sewer system seems to be inadequate to move the water during heavy extended rainfall. Mr. Krywicki gave estimates on different ways this could be alleviated with estimated cost for these different approaches. The estimates range between $3.7 million and $1.9 million.
City Manager Brian McDougal and some Commissioners mentioned some cities deal with these cost by charging a storm sewer drainage fee.
The Commission agreed they will need to look at ways to improve the water flow as well as ways to fund any projects.

AGENDA ITEM NO. 9: Presentation and update on Visit Shawnee, Inc. by Kinlee Farris, Executive Director, Shawnee Convention and Visitors Bureau.

Ms. Kinlee Farris, Executive Director, Shawnee Convention and Visitors Bureau handed out a list of the Board Appointees of the newly formed Visit Shawnee, Inc. as well as a copy of their first meeting minutes from July 30, 2014. She then introduced Mr. Randy Gilbert, the newly elected Chairman of the Visit Shawnee Inc. Board.
Mr. Gilbert advised committees are being formed, and an attorney has been hired. He advised there is progress on acquiring their 501C6 status and hope to have a contract to present to the City Commission within the next couple of months.

AGENDA ITEM NO. 10: Discussion, consideration and possible action on an ordinance for adoption of revised Drought Management Plan.

Mr. Steve Nelms, SMA Utility Director, spoke regarding the revision of the current Drought Management Plan. This revision will increase the drought management plan elevation trigger numbers by 2.0 feet and switch the elevation recording values to align with USGS.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve an ordinance adopting a revised Drought Management Plan.

Ordinance No. 2551 NS was introduced.

AN ORDINANCE RELATING TO A DROUGHT MANAGEMENT PLAN FOR THE CITY OF SHAWNEE, OKLAHOMA, REPEALING AND AMENDING SECTIONS 26-67 AND 26-67.1 OF THE SHAWNEE MUNICIPAL CODE, SETTING FORTH VOLUNTARY AND MANDATORY RESTRICTIONS FOR WATER USE IN CASE OF WATER SHORTAGES, PROVIDING FOR PENALTIES, PROVIDING FOR REPEALER, PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY.

Motion carried 7-0.

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

Ordinance No. 2551 NS was adopted by the City Commission.

A motion was made by Vice Mayor, seconded by Commissioner Hall, to approve emergency clause relating to Ordinance No. 2551 NS.
Motion carried 7-0.

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

AGENDA ITEM NO. 11: Discussion, consideration and possible action concerning use of city facilities as public tornado shelters.

Don Lynch, Emergency Management Director, reported on the problems that face the Emergency Management team, the Police Department and the Fire Department during the time any storm shelter would be needed. The only area available for people to take shelter is in hallways and this causes the occupancy limit to be exceeded. There is also the problem of pets and food and drinks brought into the area. The emergency workers, police and fire need to be able to maneuver the halls and get in and out of the offices.
There is also the problem of people being out in the storm attempting to get to a public shelter when many times with the proper preparations, they could be safe in a substantially built building.

A motion was made by Commissioner Smith, seconded by Commissioner Winterringer, to terminate the use of Shawnee City Hall and Fire Station #3 as public tornado shelters, as recommended by staff. Motion carried 5-2.

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

AGENDA ITEM NO. 12: Acknowledge Sales Tax Report received August 2014.

Cindy Sementelli, Finance Director, reported that August sales tax collected this month was $1,432,227.00. Compared to last year's, sales tax is down $34,023.00 or 2.32%. Compared to 2012, sales tax is up $92,688.00.

AGENDA ITEM NO. 13: City Manager’s Report.

City Manager Brian McDougal reported on the following:

• Announced the receipt of Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association for 2013. CAFR (Comprehensive Annual Financial Reports)
• The Pottawatomie County Commission has approved placing on the November ballot an increase in the land line telephone fee from 10% to 15%, if approved this increase would be added to each land line in the county. They have also placed on the November ballot the request to allow alcohol sales on Sundays in restaurants.
• Attending meeting with Visit Shawnee Inc. representative regarding the “branding” of Shawnee and gather information on how to “brand” the City of Shawnee to other area towns.
• Staff is working on an orientation handbook for new commissioners.
• Additional Street Scape Program is waiting on grant notification.
• There is a need for personnel to be over pool operations. This person needs to be involved while the pool is in progress to learn more about the operation of the pool. Also, may need to expand to an operations and recreation person for development of programs for the pool.
• Meetings scheduled for September and October include: ICMA September 12-20, North Carolina; OML Annual Meeting September 23-25, Oklahoma City; APA October 2-3, Norman; IEDC October 19-22, Texas

AGENDA ITEM NO. 14: 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 (8:00 P.M.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (8:07 P.M.)

AGENDA ITEM NO. 15: 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 Vice Mayor Harrod, 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 7-0.

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

COMMISSION ENTERED INTO EXECUTIVE SESSION AT 8:08 P.M. WITH ALL MEMBERS PRESENT.

COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 8:30 P.M. WITH ALL MEMBERS PRESENT.

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 was taken.

AGENDA ITEM NO. 17: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (8:35 p.m.)


WES MAINORD, MAYOR
ATTEST:


_______________________________
DONNA MAYO, DEPUTY CITY CLERK

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