Date: 5/6/2013Board: City CommissionDocumentType: MinutesWeb Posted: 6/3/2013 10:12:24 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
MAY 6, 2013 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 6, 2013 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 Lord’s Prayer led by Mayor Mainord

FLAG SALUTE Led by Commissioner Winterringer

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 7-0.

AYE: Harrod, Hall, Winterringer, Smith, Stephens, Agee, Mainord
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. 16.

b. Minutes from the April 15, 2013 regular meeting.

c. Acknowledge the following minutes:
• Shawnee Civic and Cultural Development Authority minutes from March 21, 2013
• Planning Commission minutes from April 10, 2013

d. Approve recommendation by the Insurance Work Group to award 2013-14 health insurance to Blue Cross/Blue Shield, Delta Dental and VSP vision insurance.

e. Approve recommendation by the Insurance Committee regarding the selection of Insurica as the Insurance Consultant.

f. Resolution authorizing Wes Mainord, Mayor, to cast ballot for OMAG election of 2 trustees.

g. Authorize staff to begin bid process for Shawnee Municipal Auditorium Building Project.

h. Workers’ Comp Claim Settlement for Jack Adams

i. Approve Community Service Contract Review Committee Recommendations for Fiscal Year 2013-2014.

Commissioner Smith asked that Agenda Item No. 2(i) be pulled for separate consideration.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve the Consent Agenda Item Nos. a-h, less item i. Motion carried 7-0.

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

Regarding Agenda Item No. 2(i), Commissioner Smith asked staff about the audit for the Chamber of Commerce. City Attorney Mary Ann Karns stated we have not received an audit from the Chamber of Commerce and that it was recently learned that an audit firm had not yet been engaged by the Chamber. City Manager Brian McDougal stated that he would address this issue with the Chamber.
A motion was made by Commissioner Hall, seconded by Commissioner Smith, to approve Community Service Contracts for YMCA, Senior Citizens and Shawnee Economic Development Foundation, under Consent Agenda Item No. 2(i). Motion carried 7-0.

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

AGENDA ITEM NO. 3: Commissioners Comments

Vice Mayor Harrod asked staff about E-911. City Manager Brian McDougal reported on staff’s recent trip to Muskogee to gather information regarding their 911 center. His stated that staff was impressed with the Muskogee system and also stated that they hope to visit Lawton soon.

Vice Mayor Harrod also stated that business owners on Kickapoo Street are unhappy with the direction signs in the construction area. Staff advised that they are working with Oklahoma Department of Transportation (ODOT) for a solution.

The Mayor advised he had recently visited two elementary schools. He said he was impressed with the education they are receiving regarding nutrition and establishing better eating habits.

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’ Proclamations:
“Better Hearing Month”
May 2013

Kurt Kalies accepted the Mayor’s Proclamation for “Better Hearing Month” presented by Mayor Mainord.

“Community Action Month”
May 2013

Douglas Gordon and Gloria Wallace accepted the Mayor’s Proclamation for “Community Action Month” presented by Mayor Mainord.

AGENDA ITEM NO. 6: Introduction of Shawnee 2013 student/teacher delegation for exchange trip to Nikaho, Japan.

ADULT DELEGATES
Pam Hamman, Chair
Beth Polston, Teacher, Grove School

STUDENT DELEGATES
Shawnee Middle School Grove School
Sabrina Bartley Brice Koons
Brennan Roark William Larson
Annika Stephens Macie May
Malachi Swedberg
Morgan Wallace

Each of the students introduced themselves to the Board.

AGENDA ITEM NO. 7: Public hearing and consideration of an ordinance rezoning property located at East MacArthur, West of North Bryan from A-1; Agricultural to R-1; Residential Single Family Dwellings.
Case No. P04-13 Applicant: Greg Brown Homes, LLC

Community Development Director Justin Erickson gave the staff report. He stated that the applicant is requesting to rezone 26.35 acres west of the intersection of MacArthur Street and Bryan Street. The applicant plans to construct a single family residential development with 72 building lots.
Mayor Mainord declared a public hearing in session to consider an ordinance rezoning property located at East MacArthur, West of North Bryan from A-1; Agricultural to R-1; Single Family Residential.
Mr. James Brannon appeared before the Commission in protest of the rezoning. Mr. Brannon stated that he lives east of the property and was never notified of the pending zoning application. He further stated that he is concerned about his liability and would like to see the DEQ reports and civil drawings associated with this development. After a review of the list of property owners supplied by the bonded abstractor, it was determined that Mr. Brannon, nor anyone else at 2302 N. Bryan, was not given proper notice. City Attorney Mary Ann Karns advised it was a defective notice and that the rezoning procedure would need to be repeated with proper notice and the application would need to be considered again by the Planning Commission before being presented to the City Commission.

The public hearing was closed by Mayor Mainord and no action was taken.

AGENDA ITEM NO. 8: Consideration of approval of a preliminary plat for Wyndemere Addition located at East MacArthur, West of North Bryan.
Case No. S05-13 Applicant: Greg Brown Homes, LLC

No action taken.

AGENDA ITEM NO. 9: Public hearing and consideration of an ordinance rezoning property located at 1102 West MacArthur from C-2; Suburban Office to PUD; Planned Unit Development, Medical Facilities, Hospital
Case No. P05-13 Applicant: Linda Brown, St. Anthony Shawnee Hospital

Mayor Mainord declared a public hearing in session to consider an ordinance rezoning property located at 1102 West MacArthur from C-2; Suburban Office to PUD; Planned Unit Development, Medical Facilities, Hospital. 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 Hall, to approve the ordinance rezoning property located at 1102 West MacArthur from C-2; Suburban Office to PUD; Planned Unit Development, Medical Facilities, Hospital.

Ordinance No. 2500NS was introduced.

AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY; THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SW/4 SW/4 SE/4) OF SECTION ONE (1), TOWNSHIP TEN (10) NORTH, RANGE THREE (3) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, LESS AND EXCEPT 24 FEET ALONG THE NORTH SIDE AND 40 FEET ALONG THE WEST SIDE OF SAID TRACT FOR STREET PURPOSES. REZONING SAID PROPERTY FROM C-2; SUBURBAN OFFICE TO PUD; PLANNED UNIT DEVELOPMENT, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 7-0.

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

Ordinance No. 2500NS was adopted by the City Commission.

AGENDA ITEM NO. 10: Discussion, consideration and possible action on a resolution of support for HB 1875 to correct imbalance in the cost of collection of Sales Tax.

Resolution No. 6446 was introduced.

A RESOLUTION IN SUPPORT OF HB 1875, WHICH CORRECTS IMBALANCE IN THE COST OF COLLECTION OF SALES TAX

A motion was made by Commissioner Winterringer, seconded by Commissioner Smith, to approve a resolution of support for HB 1875 to correct the imbalance in the cost of collection of sales tax. Motion carried 7-0.

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

Resolution No. 6446 was adopted by the City Commission.

AGENDA ITEM NO. 11: Discussion, consideration and possible action regarding research to determine the feasibility for Downtown Wi-fi.

City Manager Brian McDougal addressed this item and stated that it is staff’s recommendation to not proceed with Downtown Wi-fi feasibility study at this time due to financial concerns. Commissioner Hall agreed with the City Manager’s recommendation to put this item on hold.
A motion was made by Commissioner Hall, seconded by Commissioner Winterringer, to approve staff’s recommendation to not proceed with feasibility study regarding Wi-fi for Downtown at this time. Motion carried 7-0

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

AGENDA ITEM NO. 12: Discussion, consideration and possible action regarding research to determine the feasibility of Red Cedar eradication.

City Manager Brian McDougal advised it is staff’s recommendation not to proceed with the project due to financial concerns. However, if Commissioners direct staff to proceed then he requested that time be given to determine the scope and costs associated with the project. Commissioner Agee stated that they (the Commission) had 4 options: 1) do nothing; 2) continue talking; 3) plan it to death; or 4) take action tonight. She also stated that the county had offered to help with $2,500 toward clearing Red Cedars on approximately 100 acres from around the lake. Commissioner Agee said it would be hypocritical to ask our citizens to conserve water when we are not doing more to address the Red Cedar problem. Commissioner Hall stated there is no way to measure the results of the Red Cedar eradication around the watershed, and, therefore did not feel it was hypocritical to ask citizens to conserve water. He further noted that research is being done on alternative uses for Red Cedar and would prefer to wait on the research findings.
Commissioner Winterringer referred to the capital budget cuts recently made and questioned the timing of this project when major budget cuts are being made.
Mayor Mainord stated the he would concur that staff needs additional time to formulate a plan.

A motion was made by Commissioner Agee, seconded by Vice Mayor Harrod, to direct staff to develop a plan for Red Cedar removal around the Shawnee Twin Lakes area within the next 90 days. Motion carried 5-2

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

AGENDA ITEM NO. 13: Discussion, consideration and possible action regarding expenditure of $2,500.00 from the 2012 Budget to match with $2,500.00 of Pottawatomie County funding for the removal of Red Cedar trees on city property around Shawnee Lake.

A motion was made by Commissioner Agee, seconded by Vice Mayor Harrod, to defer this item until the Board received the recommendation plan from staff. Motion carried 5-2

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

AGENDA ITEM NO. 14: Discussion, consideration and possible action of approval of the CDBG FY 2014 One (1) Year Action Plan for fiscal year beginning July 1, 2013 through June 30, 2014.

A motion was made by Commissioner Winterringer, seconded by Commissioner Hall, to approve the CDBG FY 2014 One (1) Year Action Plan for fiscal year beginning July 1, 2013 through June 30, 2014. Motion carried 7-0

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

AGENDA ITEM NO. 15: Discussion, consideration and possible action to establish guidelines for the Community Service Contract Review Committee.

A motion was made by Commissioner Stephens, seconded by Commissioner Winterringer, to direct staff to recommend guidelines for Community Service Contract Review Committee and return to Board of Commissioners with those recommendations. Motion carried 7-0

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

AGENDA ITEM NO. 16: Consider Bids:

a. Sidewalk/ADA Handicap Ramps Project (Various Locations) Contract No. COS-PW-12-05 (Award)

City Engineer John Krywicki announced that four bids were received and after review and consideration it was staff’s recommendation to award the bid to All Roads Paving, Inc. of Oklahoma City, Oklahoma in the total amount of the alternate bid for concrete of $127,337.75.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to accept staff’s recommendation and award the bid to All Roads Paving, Inc. in the total amount of the alternate bid for concrete of $127,337.75. Motion carried 7-0.

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

b. FY 11-12 Rehab Asphalt Streets Project – Re Bid
Contract No. COS-PW-12-06 (Open)

BIDDER AMOUNT

All Roads Paving, Inc. $734,026.00
Oklahoma City, OK

Bishop Paving Co. Inc. $772,000.00
Oklahoma City, OK

Haskell Lemon Construction Co. $745,557.80
Oklahoma City, OK

A-Tech Paving $1,191,282.50
Edmond, OK

Rudy Construction Co. $948,155.00
Oklahoma City, 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 Winterringer, to defer the bid award to the May 20, 2013 City Commission meeting. Motion carried 7-0.

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

AGENDA ITEM NO. 17 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. 18: Administrative Reports

There were no Administrative Reports.

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE AIRPORT AUTHORITY AND SHAWNEE MUNICIPAL AUTHORITY (7:59 p.m.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (8:08 p.m.)

AGENDA ITEM NO. 19: Consider an Executive Session to discuss City Manager’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) NOTE 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 Commissioner Hall, seconded by Vice Mayor Harrod, to enter into Executive Session to discuss City Manager’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) NOTE 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: Hall, Harrod, Mainord, Winterringer, Smith, Stephens, Agee
NAY: None

COMMISSION ENTERED INTO EXECUTIVE SESSION AT 8:09 P.M. WITH ALL MEMBERS PRESENT.

COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 9:44 P.M. WITH ALL MEMBERS PRESENT

AGENDA ITEM NO. 20: Consider matters discussed in Executive Session regarding City Manager’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) NOTE 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. 21: Adjournment

There being no further business to come before the meeting, a motion was made by Commissioner Winterringer, seconded by Vice Mayor Harrod, that the meeting be adjourned. Motion carried 7-0. (9:45 p.m.)

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


WES MAINORD, MAYOR

ATTEST:

_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK

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