BOARD OF CITY COMMISSIONERS PROCEEDINGS
JULY 15, 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, July 15, 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
ABSENT: Pam Stephens, John Winterringer, Steve Smith
INVOCATION Lord’s Prayer led by Mayor Mainord
FLAG SALUTE Led by Commissioner Hall
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 4-0.
AYE: Harrod, Hall, 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. 12 a and SMA Agenda Item No. 2 b.
b. Minutes from the July 1, 2013 regular meeting.
c. Budget Amendment – 2006 CDBG Entitlement Grant Fund FY 2013-2014.
Appropriate 2006 CDBG Entitlement Funds for FY2013-2014 (Rollover)
d. Budget Amendment – 2009 CDBG Entitlement Grant Fund FY 2012-2013.
Appropriate 2009 CDBG Entitlement Funds for FY2013-2014 (Rollover)
e. Budget Amendment – ODOC NSP Program Income Fund FY 2013-2014
Appropriate NSP Funds from ODOC for Housing Rehabilitation Program Income FY 2013-2014 (Rollover)
f. Acknowledge the following minutes and reports:
• Planning Commission minutes from June 5, 2013
• License Payment Report for June 2013
• Project Payment Report for June 2013
g. Approve staff recommendation for Safety National to provide excess liability coverage for the City’s self-insured Worker’s Compensation Program.
h. Authorize Police Department to purchase four (4) 2014 Ford police interceptor SUV’s from the Bob Hurley dealership at a cost of $26,433.00 each.
i. Approve settlement of John Akins from the Worker’s Compensation Court.
j. Lake Leases Transfer and Renewal:
Transfers:
• Lot 14 Magnino A Tract, 17312 Magnino Road
From: Ronald Mitchell
To: Ronald Mitchell and Marcie Mitchell
• Lot 13 Magnino Tract, 16708 Clearpond Lane
From: Steve Parsons
To: Steve Parsons and Cindy Parsons
• Lot 7 Hart Tract, 16211 Hart Road
From: Jim Davis
To: Alvin Woodrell and Lynne Woodrell
• Lot 6 Hart Tract, 16209 Hart Road
From: Jim Davis
To: Alvin Woodrell and Lynne Woodrell
Renewals:
• Lot 1 Johnston Tract, 16816 Magnino Road
Jerry Roberts and Deborah Roberts
• Lot 4 Eckel Tract, 15400 Eckel Road
Bobby Cox and Janelle Cox
• Lot 9 Belcher Tract, 15605 Nickens Road
Patricia Cunningham and Edward Hall
• Lot 2 Hart Tract, 16105 Hart Road
John Bracklein
• Lot 4 Seck Tract, 33712 Post Office Neck
Dana Myers
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the Consent Agenda Item Nos. 2(a-j). Motion carried 4-0.
AYE: Harrod, Hall, Agee, Mainord
NAY: None
AGENDA ITEM NO. 3: Commissioners Comments
Vice Mayor Harrod stated that although he was out of town during July 4th, he has heard the Glory Daze celebration was great.
Commissioner Agee complimented the City for doing a great job picking up storm debris.
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: A public hearing and consideration of an Ordinance with a Conditional Use Permit for property located at 31504 Westlake Road.
Case #P09-13 Applicant: Tonya Jennings
Mayor Mainord declared a public hearing in session to consider an ordinance with a Conditional Use Permit for property located at 31504 Westlake Road. No one appeared in favor or against said rezoning and the public hearing was closed.
A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve the ordinance with a Conditional Use Permit for property located at 31504 Westlake Road with the following conditions:
1. The manufactured home must meet the zoning setback requirements for the A-1 Zone.
2. The home must be the proposed home shown in the application submitted by the applicant or substantially similar in condition.
Ordinance No. 2512NS was introduced.
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 70 FEET NORTH OF THE SOUTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (W/2 NW/4 NW/4 SE/4) OF SECTION NINE (9), TOWNSHIP TEN (10) NORTH, RANGE TWO (2) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE WEST 223.3 FEET; THENCE NORTH 195 FEET; THENCE EAST 223.3 FEET; THENCE SOUTH 195 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO A-1: AGRICULTURAL WITH A CONDITIONAL USE PERMIT AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.
Motion carried 4-0.
AYE: Hall, Harrod, Mainord, Agee
NAY: None
Ordinance No. 2512NS was adopted by the City Commission.
AGENDA ITEM NO. 6: Consider approval of a final plat for Wyndemere Addition Section I located East MacArthur, west of North Bryan.
Case #S06-13 Applicant: Greg Brown Homes, LLC
Community Development Director Justin Erickson gave the staff report, stating that this request was for a 17 acre tract which will consist of 43 building lots. Mr. Erickson stated that the Planning Commission voted to recommend approval and that it was staffs’ recommendation as well. A motion was made by Commissioner Hall, seconded by Commissioner Agee, to approve the final plat for Wyndemere Addition Section I located East MacArthur, west of North Bryan with the following conditions:
1. Construction of public and other site improvements shall be in accordance with the engineering plans reviewed and approved by the City Engineer.
2. The two deviations approved as part of the preliminary plat (Regency Court and Woodlawn Court) are valid and carry to the final plat.
3. A six-foot sidewalk shall be installed along MacArthur Street prior to recording of the Final Plat- Phase I.
4. Common Area "A" and "8" shall be maintained by the developer or homeowner's association and a copy of the associated covenants shall be submitted concurrent with submittal of the final recorded plat.
5. All lots shall meet the R-1 dimensional standards unless otherwise modified through a variance or Planned Unit Development process.
6. All other applicable City rules and standards apply.
7. A note shall be included in the recorded covenants stating that the site is adjacent to A-1 zoned land and that agricultural activities may take place.
Motion carried 4-0.
AYE: Hall, Agee, Harrod, Mainord
NAY: None
COMMISSIONER SMITH ARRIVED AT 6:42 P.M.
AGENDA ITEM NO. 7: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Defined Contribution Plan for Darrell Freeman.
Human Resources Director Tammy Johnson explained that a request for a lump sum distribution must appear on the agenda as an item for consideration, as opposed to a monthly retirement distribution which can be approved on the Consent Agenda. A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Defined Contribution Plan for Darrell Freeman. Motion carried 5-0.
AYE: Harrod, Agee, Mainord, Hall, Smith
NAY: None
AGENDA ITEM NO. 8: Consider a resolution of support for nomination of Wes Mainord to the OML Board of Directors, District 5.
Resolution No. 6452 was introduced.
A RESOLUTION OF SUPPORT FOR THE APPOINTMENT OF WES MAINORD, MAYOR, CITY OF SHAWNEE, TO THE DISTRICT FIVE (5) SEAT ON THE BOARD OF DIRECTORS OF THE OKLAHOMA MUNICIPAL LEAGUE; DECLARING SAID APPOINTMENT TO BE FOR THE BENEFIT OF THE CITY OF SHAWNEE, OKLAHOMA, AND OTHER MUNICIPALITIES WITHIN THE DISTRICT; AND DECLARING THE MISSION OF THE OKLAHOMA MUNICIPAL LEAGUE TO BE FOR THE PUBLIC PURPOSE.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve a resolution of support for nomination of Wes Mainord to the OML Board of Directors, District 5. Motion carried 5-0.
AYE: Harrod, Hall, Smith, Agee, Mainord
NAY: None
AGENDA ITEM NO. 9: Consider a resolution and Lease/Purchase Agreement with Motorola for replacement and upgrade of radio equipment.
Resolution No. 6453 was introduced.
A RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE PURCHASE AGREEMENT ON EQUIPMENT.
Emergency Management Director Don Lynch introduced Ryan Delaney and Chris Howard of Motorola who were present to answer any questions. After a brief discussion, a motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve a resolution and Lease/Purchase Agreement with Motorola for replacement and upgrade of radio equipment. Motion carried 5-0.
AYE: Harrod, Hall, Smith, Agee, Mainord
NAY: None
AGENDA ITEM NO. 10: Acknowledge Sales Tax Report received July 2013.
Cynthia Sementelli, Finance Director, reported that July Sales Tax receipts were down $37,309.00 this month or 2.62% compared to last year actual for the same time frame. July Sales tax amount received plus interest was $1,385,055.00.
AGENDA ITEM NO. 11: City Manager Report
Brian McDougal, City Manager, reported as follows:
• Steve Nelms has been appointed as the Utility Director
• Kerri Quary is the new Executive Secretary to the City Manager
• He is continuing to interview for the Assistant Airport Manager position.
• The Avedis Foundation grant schedule is August and April. The City intends to provide them letters of intent which is the first step in the grant process. Items that may be considered in the grant application will be Municipal Auditorium heat and air project, sidewalks in the vicinity of the YMCA, various sidewalks within the City, Municipal Pool and Woodland Veterans Park and First Aid kits for all police vehicles.
• A visit to the 911 facility in Lawton is scheduled for July 24, 2013.
• Misinformation arising from the Special Call Pottawatomie County Development Authority meeting on July 12, 2013 regarding the City’s possible assumption of PCDA. He and Dr. Joe Taron will be attending the OWRB meeting on July 16, 2013 regarding this same issue.
AGENDA ITEM NO. 12: Consider Bids:
a. Exterior Restoration, Exterior Painting and Window Replacement for the Shawnee Municipal Auditorium (Open)
BIDDER AMOUNT
Commercial Waterproofing LLC $112,670.00
Broken Arrow, OK did not bid option
Mid-Continental Restoration Co. $181,000.00
Fort Scott, KS with option +$1,500.00
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 August 5, 2013 Shawnee Municipal Authority meeting. Motion carried 5-0.
AYE: Harrod, Hall, Smith, Agee, Mainord
NAY: None
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. (7:11 p.m.)
WES MAINORD, MAYOR
ATTEST:
_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK
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