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Date: 9/15/2014Board: City CommissionDocumentType: MinutesWeb Posted: 10/8/2014 4:11:53 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
SEPTEMBER 15, 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 15, 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

Gary Vogel Linda Agee
Commissioner Ward 1 Commissioner Ward 2

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

Lesa Shaw Micheal Dykstra
Commissioner Ward 5 Commissioner Ward 6

ABSENT: None

Prior to continuing with the printed agenda, City Attorney Mary Ann Karns read a statement of apology to the Commission and community for an inadvertent error regarding Agenda Item No. 9. Ms. Karns stated that she had changed the language of the item proposed by Commissioner Hall to read “tribal nations” rather than “CPN” which was the term Commissioner Hall had requested.

INVOCATION Lord’s Prayer Led By Mayor Mainord
FLAG SALUTE Commissioner Dykstra

AGENDA ITEM NO. 1: Consider approval of Agenda.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve the Agenda.

Commissioner Agee then asked if the Commission should go forward with a vote on the Agenda as published due to the change in the wording of Agenda Item No. 9. Commissioner Hall stated that he had been informed that Commissioner Shaw would be removing Agenda Item No. 8 from this agenda, therefore, he would also request to remove Agenda Item No. 9. After some discussion it was determined the Commission would address those items on this agenda when those items came up for consideration. A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to withdraw the previous motion and to make a substitute motion to remove Agenda Items 8 and 9 from this agenda. Motion failed 2-5.

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

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

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

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

a. Minutes from the September 2, 2014 regular meeting

b. Budget Amendment – General Fund
To allocate funds received from the Attorney General for the Safe Oklahoma Grant

c. Acknowledge the following minutes and reports:
• Planning Commission meeting minutes from August 6, 2014
• Beautification Committee minutes from July 10, 2014
• Wes Watkins Reservoir Oversight Committee minutes from June 5, 2014
• Wes Watkins Budget Worksheet and Income and Expense Statement through June 30, 2014
• Shawnee Urban Renewal Authority meeting minutes from August 5, 2014
• License Payment Report August 1-31, 2014
• Project Payment Report August 1-31, 2014

d. Approve contract with Shawnee Housing Authority for specific police services associated with the Authority’s security programs.

e. Request authorization to advertise for bids on Police Department Communications remodel project.

f. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Eric Musgrave.

g. Request authorization to advertise for bids on the COEDD Roofing Project.

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

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

AGENDA ITEM NO. 3: Commissioners Comments

There were no Commissioners Comments.

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

Chairman John Barrett asked for clarification regarding the corrected wording of Agenda Item No. 9. Barrett verified that the wording used was exclusive to Citizen Potawatomi Nation and did not refer to any other tribes.

AGENDA ITEM NO. 5: Mayor’s Proclamations:

“It Can Wait Day”
September 19, 2014

No one was present to accept the Mayor’s Proclamation for “It Can Wait Day” presented by Mayor Mainord.

“Fire Prevention Week”
October 6-10, 2014

Andy Starkey of the Shawnee Fire Department accepted the Mayor’s Proclamation for “Fire Prevention Week” presented by Mayor Mainord.


AGENDA ITEM NO. 6: Public hearing and consideration of an ordinance rezoning property located NE of I-40 Service Road and Union Street from A-1; Agricultural to C-3; Automotive, Commercial and Recreational District.
Case #P11-14 Applicant: Cooper Shawnee Investments, LLC

Mayor Mainord declared a public hearing in session to consider an ordinance rezoning property located NE of I-40 Service Road and Union Street from A-1; Agricultural to C-3; Automotive, Commercial and Recreational District. Justin Erickson, Community Development Director, gave a staff report on this request and advised the Planning Commission had recommended approval. No one appeared in favor or against said rezoning. The public hearing was closed.

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve the ordinance rezoning property located NE of I-40 Service Road and Union Street from A-1; Agricultural to C-3; Automotive, Commercial and Recreational District.

Ordinance No. 2552NS

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 THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NW/C NE/4) OF SECTION THIRTY-ONE (31), TOWNSHIP ELEVEN (11) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE N89°38'30"E A DISTANCE OF 1274.75 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA, & SANTA FE RAILROAD; THENCE S02°14'09"E A DISTANCE OF 878.05 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S02°14'09"E ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 358.47 FEET; THENCE N89°42'29"W A DISTANCE OF 618.08 FEET; THENCE NOOO55'25"E A DISTANCE OF 358.14 FEET; THENCE S89°42'29"E A DISTANCE OF 598.32 FEET TO A POINT ON SAID WEST RIGHT OF WAY LINE, SAID POINT BEING THE POINT OF BEGINNING, FROM A-1; AGRICULTURAL TO C-3; AUTOMOTIVE, COMMERCIAL AND RECREATIONAL DISTRICT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 7-0.

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

Ordinance No. 2552NS was adopted by the City Commission.

AGENDA ITEM NO. 7: Consider approval of a Preliminary Plat for Deer Field Estates located in the 1400-1500 block of East Bradley.
Case #S10-14 Applicant: Kishwaukee Enterprises, LLC

Justin Erickson, Community Development Director, provided a map of the location to all Commissioners, media and staff that had not included in the agenda packet. Erickson advised that the Planning Commission approved the preliminary plat and staff recommends approval with conditions. Commissioner Shaw asked if any other residents expressed concerned. Erickson advised no.
A motion was made by Commissioner Shaw, seconded by Commissioner Dykstra, to approve the preliminary plat for Deer Field Estates located in the 1400-1500 block of East Bradley, 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. A four (4') foot sidewalk shall be required along Bradley Street.
4. Approval of the following deviation:
a. The allowance for the cul-de-sac's terminus to be sixty-four (64') feet from the property boundary.
5. All other applicable City standards apply.

Motion carried 7-0.

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

AGENDA ITEM NO. 8: Discussion, consideration and possible action on a proposal to defund all legal fees and expenses associated with the City’s ongoing disagreements with our Native American neighbors.

A motion was made by Commissioner Shaw, seconded by Commissioner Hall, to defer action on agenda item No. 8 to the October 6, 2014 City Commission Meeting allowing for definitive budget language inclusion and to add an executive session. Motion carried 7-0.

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

AGENDA ITEM NO. 9: Discussion, consideration and possible action regarding possible conflict of interest between commission members and Tribal Nations, including the retention of outside counsel to investigate and render an opinion to the Commission.

Commissioner Hall requested that Agenda Item No. 9 be removed from this agenda with the understanding that it can be put back on at a future meeting.
Agenda Item No. 9 was removed by power of the Chair.

AGENDA ITEM NO. 10: Consider request for additional funding for the Veterans Memorial located in Woodland Veterans Park.

Mr. Tom Schrzan presented this item to the Commission thanking the City of Shawnee for their previous help with the Veterans Memorial. He explained they were in the final phase of the project. This phase consists of the construction of eight panels engraved with the names of veterans who were killed in action in the State of Oklahoma. In total there will be eight thousand names engraved on the panels. The cost will be approximately $120,000.00. The Veterans Committee has $10,000 set aside for this project but they are asking the City for an additional $40,000.00 to start the process and get the panels ordered. Mr. Schrzan said the Veterans Committee plans to raise money to cover the remaining approximate $70,000.00 needed for completion.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to defer Agenda Item No. 10 until the City Manager can identify funds that might be available for this project. Motion carried 7-0.

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

AGENDA ITEM NO. 11: Consider approval of ODOT Agreement (State Project No. SAP-263D(022) for the asphalt surfacing of Pecan Grove Road from SH102, west approximately 0.7 miles to Lake Dam Road.

City Engineer John Krywicki stated that the County will be providing road preparation (blading and widening) the road and the City will pay for the asphalt. The asphalt purchase is approximately $119,000.00.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the ODOT Agreement (State Project No. SAP-263D(022) for the asphalt surfacing of Pecan Grove Road from SH102, west approximately 0.7 miles to Lake Dam Road. Motion carried 7-0.

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

AGENDA ITEM NO. 12: Consider a resolution to surplus an engine from vehicle Unit 3478 2009 Ford Crown Vic VIN 2FAHP71V09X117017 Insurance Loss with a Salvage Oklahoma Title and donate engine to Oklahoma Baptist University Police Department.

Resolution No. 6478 was introduced.

A RESOLUTION DECLARING A CERTAIN ITEM OF PERSONAL PROPERTY SURPLUS AND NO LONGER NEEDED FOR CITY PURPOSES; DESCRIBING SAID ITEM; AND AUTHORIZING THE DONATION OF SAID ITEM TO THE OKLAHOMA BAPTIST UNIVERSITY POLICE DEPARTMENT.

Police Chief Frantz explained to the Commission the partnership between Shawnee Police Department and the OBU police department. A motion was made by Commissioner Vogel, seconded by Commissioner Hall, to approve a resolution to surplus an engine from vehicle Unit 3478 2009 Ford Crown Vic VIN 2FAHP71V09X117017 Insurance Loss with a Salvage Oklahoma Title and donate engine to Oklahoma Baptist University Police Department. Motion carried 7-0.

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

AGENDA ITEM NO. 13: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Defined contribution plan for David Dauman.

A motion was made by Commissioner Hall, seconded by Commissioner Dykstra, to approve Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Defined contribution plan for David Dauman. Motion carried 7-0.

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

AGENDA ITEM NO. 14: Acknowledge Sales Tax Report received September 2014.

Cindy Sementelli, Finance Director, reported that September sales tax collected this month was $1,426,359. Compared to last year's, sales tax is up $13,651.00 or 0.49%. Compared to 2012, sales tax is up $77,077.00.

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: 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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