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Date: 4/7/2014Board: City CommissionDocumentType: MinutesWeb Posted: 4/22/2014 3:04:32 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
APRIL 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, April 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 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. David Henry
Calvary Baptist Church

FLAG SALUTE Led by Commissioner Smith

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. Minutes from the March 17, 2014 regular meeting.

b. Acknowledge the following minutes and reports:
• Shawnee Civic and Cultural Development Authority minutes from February 20, 2014
• Planning Commission minutes from March 5, 2014
• Beautification Committee minutes from January 9, 2014
• Project Payment Report March 2014
• License Payment Report March 2014

c. Lake Lease Transfers and Renewals:

Transfers:

• Lot 7 Johnston Tract, 16706 Magnino Road
From: Glenn Blankenship
To: Derrick Carpenter

• Lot 3 Magnino, 16508 Archery Range Road
From: Phil Jennings and Tammy Jennings
To: Julie Ann Huskins and April Huskins

• Lot 10 Coffman Tract, 15201 Perry Road
From: Lawrence Redwine and Alice Redwine
To: David Manning and Charlotte Manning

Renewals:

• Lot 9 Coffman Tract, 15203 Perry Road
Gregory Ryan and Debra Ryan

• Lot 8 Coffman Tract, 15205 Perry Road
Gregory Ryan and Debra Ryan

• Lot A Eckel Tract, 15205 Turtle Bay
Charles Norton and Doris Norton

• Lot 1A Mosler Tract, 33001 Lake Road
Shawnee Home Builders Association

• Lot 12 Damron Tract, 15512 Highway 103
Jerry Knox and Monty Garner

• Lot 5 Mosler Tract, 16302 Archery Range Road
Christopher Sears and Toni Sears

d. Approve travel to Dallas, Texas, for Mayor Wes Mainord to attend the U.S. Conference of Mayors.

e. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Gabriel Andersen.

f. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution and Defined Benefit plans for Justin Lomelli.

g. Approve agreement with the Oklahoma Tax Commission for Administration of Sales Tax and Use Tax Ordinances.

h. Approve agreement with the Oklahoma Tax Commission for the City of Shawnee to engage in compliance activities.

i. Authorize staff to advertise for proposals for spay/neutering of dogs and cats.

j. Mayor’s Appointment:
Shawnee Urban Renewal Authority
Monte Cockings Reappointment 2nd Term Expires February 2, 2017
Tiffany Barrett Reappointment 2nd Term Expires February 2, 2017

Commissioner Agee asked that Agenda Item Nos. 2(g) and 2(h) be pulled for separate consideration.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Stephens, to approve the Consent Agenda Item Nos. 2(a-j), less items (g) and (h). Motion carried 7-0.

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

Regarding Agenda Item Nos. 2(g) and (h), Commissioner Agee asked if these items had been approved by the City Commission previously. Staff advised her that item 2(g) had been, but (h) had not. Commissioner Agee also inquired as to why the City’s Albuquerque attorneys were listed as the Agents of Record on behalf of the Oklahoma Tax Commission. City Attorney Mary Ann Karns advised so that they can assist the City in obtaining an agreement.
Commissioner Stephens asked if it would be better and less expensive to have the City’s attorney as the Agent of Record and she can forward necessary information to the Albuquerque attorneys as needed. City Attorney Karns advised that those attorneys are more experienced in this area.

A motion was made by Commissioner Stephens, seconded by Commissioner Hall, to approve Consent Agenda Item No. 2(g). Motion carried 6-1.

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

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve Consent Agenda Item No. 2(h). Motion carried 5-2.

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

AGENDA ITEM NO. 3: Commissioners Comments

Commissioner Smith states that the City of Dallas has banned plastic bags in grocery stores. He would like the City to explore this idea.
Commissioner Stephens encourages the Homeland stores to offer paper bags to customers.
Mayor Mainord attended, and was very impressed by, a Kiwanis sponsored event at the park at Shawnee Lake that included hiking, fishing, archery and skeet shooting with 7th graders.

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

Mr. Tom Terry invited everyone to meet at the Kid Space Park next Saturday morning to help clean up Shawnee.

Mr. Carl Packwood spoke to the Commission stating that there are a lot of things to spend money on other than attorney’s fees. He said the Commission needs to think about what will be best for the City.

AGENDA ITEM NO. 5: Mayor’s Proclamation:

“Fair Housing Month”
April 2014

Community Development Director Justin Erickson accepted the Mayor’s Proclamation for “Fair Housing Month” presented by Mayor Mainord.

“Arbor Week”
April 13-19, 2014

Mr. Robert Cash accepted the Mayor’s Proclamation for “Arbor Week” presented by Mayor Mainord.

AGENDA ITEM NO. 6: Presentation of Certificate of Appreciation to Homeland Grocery Inc., Store #198 for providing accommodation for the City of Shawnee Community Recycling Center from 2006 to 2014.

A representative of the Homeland store was present to accept the Certificate of Appreciation to Homeland Grocery Inc., Store #198 for providing accommodation for the City of Shawnee Community Recycling Center from 2006 to 2014, presented by Mayor Mainord.

AGENDA ITEM NO. 7: Consideration of approval of a preliminary plat for property located at 8 and 12 East MacArthur.

Community Development Director Justin Erickson provided a staff report. This is a 4,300 square feet medical clinic. No variances were requested. Staff requests approval with conditions as listed in staff report.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Stephens, to approve the preliminary plat for property located at 8 and 12 East MacArthur with the following Staff recommendations:

1. The proposed sidewalk improvements shall be completed prior to issuance of a certificate of occupancy for each lot.
2. Approval is contingent on approval of the site plan and storm water plan by the City Engineer.
3. All public improvements shall be installed or otherwise bonded for prior to recording of the Final Plat.
4. All other applicable City standards apply and no variances are hereby approved.

Motion carried 7-0.

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

AGENDA ITEM NO. 8: Consideration of approval of a final plat for property located at 8 and 12 East MacArthur.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Stephens, to approve the final plat for property located at 8 and 12 East MacArthur with the following conditions:

1. The proposed sidewalk improvements shall be completed prior to issuance of a certificate of occupancy for each lot.
2. Approval is contingent on approval of the site plan and storm water plan by the City Engineer.
3. All public improvements shall be installed or otherwise bonded for prior to recording of the Final Plat.
4. All other applicable City standards apply and no variances are hereby approved.

Motion carried 7-0.

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

AGENDA ITEM NO. 9: Discussion, consideration and possible action on an ordinance repealing and amending portions of Chapter 2 of the Shawnee Municipal Code, dealing with Administration.

A motion was made by Commissioner Hall, seconded by Commissioner Stephens, to approve the ordinance repealing and amending portions of Chapter 2 of the Shawnee Municipal Code, dealing with Administration.

Ordinance No. 2541NS was introduced.

AN ORDINANCE REPEALING AND AMENDING PORTIONS OF CHAPTER 2, ADMINISTRATION, OF THE SHAWNEE MUNICIPAL CODE, DEALING WITH THE CITY SEAL; THE SALE OF PROPERTY; RULES OF PROCEDURE WITH REGARD TO AGENDAS, MEETINGS, EXECUTIVE SESSIONS; PURCHASES OF SUPPLIES, EQUIPMENT AND SERVICES; EMPLOYEE POSITIONS AND BENEFITS; HUMAN RIGHTS; STORAGE OF RECORDS; PROVIDING FOR SEVERABILITY, CODIFICATION AND REPEAL AND DECLARING AN EMERGENCY.

Motion carried 7-0.

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

Ordinance No. 2541NS 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. 2541NS. Motion carried 6-1.

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

AGENDA ITEM NO. 10: Discussion, consideration and possible action on an ordinance repealing and amending portions of Chapter 8 of the Shawnee Municipal Code, dealing with Businesses, Permits and Licenses.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the ordinance repealing and amending portions of Chapter 8 of the Shawnee Municipal Code, dealing with Businesses, Permits and Licenses.

Ordinance No. 2542NS was introduced.

AN ORDINANCE REPEALING AND AMENDING CHAPTER EIGHT OF THE SHAWNEE MUNICIPAL CODE, “BUSINESSES, PERMITS AND LICENSES,” REPEALING PERMIT AND LICENSE REQUIREMENTS FOR CERTAIN BUSINESS, PROVIDING FOR SCHEDULES, PROVIDING FOR HEARING ON REVOCATION, PROVIDING FOR REPEAL, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION AND DECLARING AN EMERGENCY.

Motion carried 7-0.

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

Ordinance No. 2542NS was adopted by the City Commission.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to approve emergency clause relating to Ordinance No. 2542NS. Motion carried 6-1.

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

AGENDA ITEM NO. 11: Consider acceptance of public easements and dedications associated with the final plat of Shawnee Mission Plaza Section 8 and authorizing obtainment of signatures, recording of the final plat and placing maintenance bonds into effect.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to accept public easements and dedications associated with the final plat of Shawnee Mission Plaza Section 8 and authorize obtainment of signatures, recording of the final plat and placing maintenance bonds into effect. Motion carried 7-0.

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

AGENDA ITEM NO. 12: Consider Bids:

a. Woodland Park Pool Improvements (Open)

Contractor Mega Prime Contractors Arlington, TX
A
AR Carrothers
Construction
Paola, KS Downey
Contracting Oklahoma City, OK Branco
Enterprises Neosho, MO

ADDENDUM 1 X X X X

ADDENDUM 2 X X X X

ADDENDUM 3 X X X X

ADDENDUM 4 X X X X
BID BOND, NON-COLLUSION AFFIDAVIT, BUSINESS RELATIONSHIP AFFIDAVIT X X X Bid Bond Only
BASE BID $2,616,000 $3,573,000 $4,692,000 $3,429,000
Additive Alternates:
1. Ornamental Aluminum Perimeter Fencing and Gates +$29,000 $37,000 +$65,000 +$21,000
2. Open Flume Water Slide +$186,000 +$124,000 +$106,000 +$115,000
3. Family Slide +$188,000 +$107,000 +$87,000 +$105,000
Deductive Alternates:
4. Asphalt Shingle Roof -$35,000 -$21,000 -$43,000 -$18,000
5. Lower Ceiling -$1,500 -$2,000 -$10,000 -$7,000
Director of Operations James Bryce 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 Hall, to defer the bid award to the April 21, 2014 City Commission meeting. Motion carried 7-0.

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

b. Sidewalk/ADA Handicap Ramps Project COS-PW-13-01 (Open)

City Engineer John Krywicki advised that no bids were received. He will re-advertise and bids will be opened at the May 5, 2014 meeting.

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

City Manager Brian McDougal reported on the waterline break at the Citizen Potawatomi Heritage Center. He stated that it was an abandoned City waterline that had not been used for many years and was in place when the Heritage Center was built. There was no meter at the site, however a valve was there. City crews responded to the water emergency and assisted the CPN in locating the leak, capping the line and pumping water from inside the building.

AGENDA ITEM NO. 15: Consider an Executive Session for discussion of matters relating to sales tax enforcement. The City Attorney recommends an executive session as authorized by 25 O.S. §307(B)(4).

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to enter into Executive Session for discussion of matters relating to sales tax enforcement. The City Attorney recommends an executive session as authorized by 25 O.S. §307(B)(4). Motion carried 7-0.

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

COMMISSION ENTERED INTO EXECUTIVE SESSION AT 7:22 P.M. WITH ALL MEMBERS PRESENT.

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE AIRPORT AUTHORITY AND SHAWNEE MUNICIPAL AUTHORITY (7:22 P.M.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (8:17 P.M.)

COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 8:17 P.M. WITH ALL MEMBERS PRESENT

AGENGA ITEM NO. 16: Consider matters discussed in Executive Session regarding matters relating to sales tax enforcement action. The City Attorney recommended an executive session as authorized by 25 O.S. §307(B)(4).

A motion was made by Commissioner Hall, seconded by Commissioner Smith, to authorize the City Manager and City Attorney to request formal mediation with the other parties on the issues. Motion carried 7-0.

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

AGENDA ITEM NO. 17: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (8:18 p.m.)



WES MAINORD, MAYOR
ATTEST:


_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK



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