Date: 11/18/2013Board: City CommissionDocumentType: MinutesWeb Posted: 12/3/2013 1:34:56 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
NOVEMBER 18, 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, November 18, 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

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 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 6-0.

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

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE MUNICIPAL AUTHORITY (6:33 p.m.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (7:30 p.m.)

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

a. Minutes from the November 4, 2013 regular meeting and the November 12, 2013 special called retreat meeting

b. Budget Amendment CDBG Entitlement Grant Fund 2013

c. Acknowledge the following minutes and reports:

• Planning Commission minutes from the October 2, 2013 meeting
• License Payment Report for October 2013
• Project Payment Report for October 2013

d. Acknowledge Commission and Related Authorities meeting schedule for 2014

e. Acknowledge Wes Watkins Oversight Committee Meeting schedule and final budget data for 2012-13 season

f. Authorize staff to advertise for bids on construction of an observation tower at the Police Department gun range

g. Approve agreement with AT&T for telephone service

h. Lake Lot Leases:

Renewals
• Lot 4 Coffman Tract, 15401 Perry Road
Perry Gatewood and Elizabeth Gatewood

• Lot 24/25 Belcher Tract, 33504 Post Office Neck
Scott Lackey

• Lot 6 Renfro Tract, 15812 Sleepy Hollow Road
Lesalee Hinkle

• Lot 8 Eckel Tract, 15203 Eckel Road
Henry Davis

j. Authorize purchase of two staff vehicles from the state contract price and amend budget (Fund 301) for purchase of these vehicles

k. Authorize staff to advertise for bids for ADA compliant restroom at City Hall

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve the Consent Agenda Item Nos. 2(a-k). Motion carried 6-0.

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

AGENDA ITEM NO. 3: Commissioners Comments

Mayor Mainord said he had been advised by City Attorney Mary Ann Karns that Commissioners’ Comments needs to be limited to general comments only. Ms. Karns explained that when Commissioners request information from staff or discuss items that are not otherwise listed on the agenda, the public has not received proper notification that the discussion will occur.

Vice Mayor Harrod said that the recently completed Federal Street Bridge looks nice.

Commissioner Agee reminded everyone that the Saturday after Thanksgiving is Small Business Saturday and urged everyone to support small businesses.

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

Dr. Joe Taron stated that he concurs completely with the fluoride presentation and thanked the Commission for moving it to the beginning of the meeting.

AGENDA ITEM NO. 5: Presentation and progress report by Municipal Pool Finance Committee regarding fund raising.

Mr. John Ayers said that the Municipal Pool Finance Committee has done an outstanding job raising funds for the Municipal Pool. He provided Commissioners with a copy of the current financial picture showing amount raised, amount pledged and the amount still needed. The City of Shawnee’s commitment to the project is $3,000,000 with private donations raised and Avedis Foundation matching funds of $1,233,200 needed for the project. Mr. Ayers stated that there is $110,935 still to be raised to meet their goal.

AGENDA ITEM NO. 6: Consider approval of a revised preliminary plat for Belmont Park Addition located on the northeast corner of Acme and MacArthur.
Case #S07-13B Applicant: Justin Ramer

Staff report was given by Community Development Director Justin Erickson.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the preliminary plat for Belmont Park Addition located on the northeast corner of Acme and MacArthur with the following conditions:

1. Final improvement plans shall be approved by the City Engineer prior to construction.
2. 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 in accordance with City code.
3. Sidewalks shall be installed in accordance with the City's sidewalk ordinance and the sidewalk for Common Lot A (along Acme Road) shall be constructed concurrent with the building permit for Phase 2, Lot I (Lot 2 of preliminary plat).
4. The proposed Lot 5 of the preliminary plat shall meet the minimum frontage requirements set forth in the Shawnee Zoning Ordinance.
5. All other applicable City standards apply.

Motion carried 6-0.

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

AGENDA ITEM NO. 7: Consider approval of a final plat for Belmont Park Addition located on the northeast corner of Acme and MacArthur.
Case #S07-13 Applicant: Justin Ramer

Staff report was given by Justin Erickson.
A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve the final plat for Belmont Park Addition located on the northeast corner of Acme and MacArthur with the following conditions:

1. Final improvement plans shall be approved by the City Engineer prior to construction.
2. 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 in accordance with City code.
3. Sidewalks shall be installed in accordance with the City's sidewalk ordinance and the sidewalk for Common Lot A (along Acme Road) shall be constructed concurrent with the building permit for Phase 2, Lot 1 (Lot 2 of preliminary plat).
4. The proposed Lot 5 of the preliminary plat shall meet the minimum frontage requirements set forth in the Shawnee Zoning Ordinance.
5. All other applicable City standards apply.

Motion carried 6-0.

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

AGENDA ITEM NO. 8: Public hearing and consideration of an ordinance modifying rules applicable to vehicles for hire/taxicabs contained within Chapter 8, Article X of the Shawnee Municipal Code.
Public hearing continued from November 4, 2013 meeting.

Mayor Mainord declared the public hearing continued from November 4, 2013 in session to consider an ordinance modifying rules applicable to vehicles for hire/taxicabs contained within Chapter 8, Article X of the Shawnee Municipal Code.

Community Development Director Justin Erickson advised that the ordinance has been slightly modified from the ordinance proposed at the November 4, 2013 meeting to address a dispatch issue.
Gloria Wallace Hutchison, representing Executive Cab Company, spoke against the ordinance. She stated that most of their customers are poverty stricken and cannot afford the larger fares associated with using meters in their taxis. While she agreed that fares do need to be increased, she stated that using the existing zone system keeps the playing field even. She said that meters would cause an arbitrary fare rate, because the meter would keep running at red lights, traffic incidents, etc. Further, that her clientele would need to be educated regarding meters and the rates associated with them.
Commissioner Hall said the zone system appears complicated and felt that the metered system is pretty simple.
After some discussion regarding having all the parties meet for more discussion, Mr. Erickson addressed some of the issues expressed by Ms. Hutchison. He noted that the proposed ordinance allows individual cab companies to set their rates annually. Further, the current zone system is not understandable and is not codified by city code. The proposed ordinance does not require waiting time to be charged, nor is there a fee requirement for additional passengers. Mr. Erickson further provided chronological dates in which the proposed ordinance was discussed with the parties and noted that on October 18, 2013, Executive Cab Company representatives said they would provide staff with a proposed modified zone rate structure. This document was not received by the November 4th meeting, when this matter was first presented to the Commission.

No one else appeared to speak in favor or opposition of this ordinance. The public hearing was closed.

A motion was made by Commissioner Smith, seconded by Commissioner Hall, to approve the ordinance modifying rules applicable to vehicles for hire/taxicabs contained within Chapter 8, Article X of the Shawnee Municipal Code with an effective date of March 1, 2014. Section 29 of the proposed ordinance will be amended to reflect the new effective date.

Ordinance No. 2521NS was introduced.

AN ORDINANCE OF THE CITY OF SHAWNEE REVISING CHAPTER 8, ARTICLE X – VEHICLES FOR HIRE, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH, PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE.

Motion carried 6-0.

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

Ordinance No. 2521NS was adopted by the City Commission.

AGENDA ITEM NO. 9: Consider an ordinance on façade requirements in commercial zoned districts.

Mr. Erickson spoke regarding this ordinance, explaining that it is a follow-up from the façade presentation from the November 4, 2013 meeting.
A motion was made by Commissioner Winterringer, seconded by Vice Mayor Harrod, to approve an ordinance on façade requirements in commercial zoned districts. It was determined by the Commission that an emergency clause will be necessary with this ordinance, allowing it to be in full force and effect from the date of passage.

Ordinance No. 2522NS was introduced.

AN ORDINANCE RELATING TO CONSTRUCTION AND DESIGN REQUIREMENTS FOR BUILDINGS, AMENDING THE SHAWNEE MUNICIPAL CODE, CHAPTER 22: PLANNING AND DEVELOPMENT, AS MORE SPECIFICALLY SET FORTH HEREIN, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH, PROVIDING FOR
SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY.

Motion carried 6-0.

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

Ordinance No. 2522NS was adopted by the City Commission.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve emergency clause relating to Ordinance No. 2522NS. Motion carried 6-0.

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

AGENDA ITEM NO. 10: Consider an ordinance amending the No Parking on portions of certain streets and naming the streets where parking is prohibited.
Added no parking on E. Chicago from Union west to mid-block, both sides of street, as approved 11-04-13

City Engineer John Krywicki explained that this ordinance is formalization of the decision Commissioners made at the November 4, 2013 meeting to prohibit parking on East Chicago near Will Rogers School.
A motion was made by Commissioner Hall, seconded by Commissioner Winterringer, to approve an ordinance amending the No Parking on portions of certain streets and naming the streets where parking is prohibited.

Ordinance No. 2523NS was introduced.

AN ORDINANCE AMENDING SECTION 16-138, CHAPTER 16, ARTICLE V OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; PROVIDING FOR NO PARKING ON PORTIONS OF CERTAIN STREETS; NAMING SAID STREETS; DESIGNATING THE PORTIONS WHERE PARKING IS PROHIBITED AND OTHER CONDITIONS RELATING TO PARKING; AND DECLARING AN EMERGENCY.

Motion carried 6-0.

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

Ordinance No. 2523NS was adopted by the City Commission.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve emergency clause relating to Ordinance No. 2523NS. Motion carried 6-0.

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

AGENDA ITEM NO. 11: Acknowledge Sales Tax Report received November 2013.

Cynthia Sementelli, Finance Director, reported that November Sales Tax receipts were up $246,043.00 this month or 19.63% compared to last year actual for the same time frame. November Sales tax amount received plus interest was $1,499,183.00, which accumulatively for the fiscal year we are up $477,277.00 or 7.07%.

AGENDA ITEM NO. 12: City Manager’s Report.

City Manager Brian McDougal reported on the following:

1. He and Shawnee Economic Development Foundation Director Tim Burg attended the International Conference of Shopping Centers (ICSC) and met with retailers.
2. He and Chief Information Office Stephon Nolen have met with the National Native American Broadband Association regarding fiber communication. He also discussed BCI’s commitment to the Shawnee area and their upgrade to the existing cable system.
3. The County 911 board voted to not merge with the City of Shawnee’s dispatch center. Shawnee will continue with their dispatch center upgrades.
4. Spoke with Burlington Northern Santa Fe (BNSF) Railroad about cleaning up their areas in order to help with the homeless situation.
5. The City has taken steps in sales tax collection and compliance by hiring a part time employee to monitor and audit businesses.
6. He has met with Oklahoma Baptist University’s (OBU) president and finance director to discuss getting/keeping students on campus and their long-term goal to move the football stadium north of MacArthur Street.

AGENDA ITEM NO. 13: 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. 14: Administrative Reports

There was no Administrative Reports.

AGENDA ITEM NO. 15: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (8:48 p.m.)

WES MAINORD, MAYOR


ATTEST:

_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK


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