Date: 11/4/2013Board: City CommissionDocumentType: MinutesWeb Posted: 11/19/2013 10:20:19 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
NOVEMBER 4, 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 4, 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 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 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 October 21, 2013 regular meeting.

b. Acknowledge the following minutes:
• Traffic Commission minutes from September 24, 2013
• Shawnee Civic and Cultural Development Authority minutes from September 19, 2013

c. Acknowledge Pioneer Library Audit Report for Fiscal Year ended June 30, 2013

d. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Sherry Bumgarner

e. Approve contract with City Manager Brian McDougal

f. Approve request to purchase Bunker Gear for the Fire Department

g. Mayor’s Committee/Board Appointments:
Shawnee Library Board

Name Replaces- Termed Out Term Expires
Cherity Pennington Allison Brown 6-30-2016
Dephanie Lilite Starla Howard 6-30-2016

h. Traffic Commission Recommendations

A. Consideration of request by Staff to reduce the speed limit in residential areas from 30 mph to 25 mph

STAFF RECOMMENDATION: Staff recommends approval of request
BOARD RECOMMENDATION: Board recommends denial of request

B. Consideration of request by Julia Storie, to have no parking along Chicago from Union west to mid-block on both sides of the street from 2:00 pm to 3:30 pm Monday thru Friday

STAFF RECOMMENDATION: Board recommends approval of request
BOARD RECOMMENDATION: Board recommends approval of request
Vice Mayor Harrod asked that Agenda Item No. 2(h) 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-g, less item h. Motion carried 7-0.

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

Regarding Agenda Item No. 2(h)(A), Vice Mayor Harrod asked if this was for all residential street and City Manager Brian McDougal confirmed that it was. City Engineer John Krywicki advised it was not for arterial or collector streets or any other street where the speed limit is posted otherwise. Mr. Krywicki noted the Traffic Commission board did not agree with the Staff’s recommendation and denied the request. The Traffic Commission board recommended the residential speed limit remain at 30 mph.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to approve Consent Agenda Item No. 2(h)(A) per Staff’s recommendation. Motion carried 7-0.

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

A motion was made by Commissioner Stephens, seconded by Commissioner Winterringer, to approve the Consent Agenda Item No. 2(h)(B). Motion carried 7-0.

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

AGENDA ITEM NO. 3: Commissioners Comments

Commissioner Smith asked how much it would cost to hire Bill Geist to help guide the City and Shawnee Chamber of Commerce through the process of separating the Convention and Visitors Bureau (CVB) from the Chamber, per Mr. Geist’s recommendation. City Manager Brian McDougal advised that the Chamber has inquired into that also and it would cost $14,000.00, plus expenses, according to Nancy Keith with the Chamber.

City Manager Brian McDougal advised that the retreat has been scheduled for November 12, 2013 at 6:30 p.m. at the Heart of Oklahoma Exposition Center.

Vice Mayor Harrod said that the alley behind the annex looks nice.

Mayor Mainord thanked the Fire Department for having their trucks out during Halloween. The Mayor also inquired about a start date for recycling. The City Manager responded that staff was moving forward and working with Central Disposal to accomplish this as soon as possible, although it may not happen until March 2014.

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

Jim Kinnamon would like to withdraw his request for the building being donated to the City from Oklahoma Baptist University (OBU). He would like a building to display the Navy memorabilia.

City Manager advised that the donated pillars are very stout and difficult to remove. The City will try to remove and relocate them. He also advised that OBU has taken down the building and donated the rocks to the City.

AGENDA ITEM NO. 5: Mayor’s Proclamation’s:

“America Recycles Day”
November 15, 2013

No one appeared to accept the Mayor’s Proclamation for “America Recycles Day” presented by Mayor Mainord.

“Winter Weather Preparedness Day”
November 13, 2013

Emergency Management Director Don Lynch accepted the Mayor’s Proclamation for “Winter Weather Preparedness Day” presented by Mayor Mainord.

AGENDA ITEM NO. 6: 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.

Community Development Director Justin Erickson provided a staff report. This proposed ordinance revises existing rules. It (1) requires tax meters and moves away from the zone map; (2) allows the fee schedule to be reviewed on an annual basis; (3) sets out a procedure for complaints; the Commission can revoke a taxicab licenses; and (4) provides that the insurance is consistent with state law.
Commissioner Hall asked if both taxicab companies are in agreement with the proposed ordinance. Staff advised that they both agree to the fee readjustments although Executive Cab would prefer to keep the zone system.
Mayor Mainord declared a public hearing 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. Mr. Tony Sampson with Castle Cab appeared and took issue with several items contained in the ordinance.
No one else appeared to speak in favor or opposition of this ordinance.
Due to some of the issues raised, it was decided to continue this item to the next regular city commission meeting. The Mayor declared the public hearing remain open until this issue is next considered. Commissioner Stephens requested that both taxicab companies and staff meet for further discussion prior to the next meeting.
A motion was made by Commissioner Stephens, seconded by Commissioner Hall, to continue the public hearing and consideration of this ordinance to the November 18, 2014 City Commission meeting. Motion carried 7-0.

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

AGENDA ITEM NO. 7: Discussion and presentation concerning the requirement or non-requirement of façade treatments in commercial zoning districts.

Community Development Director Justin Erickson addressed this item stating that the City of Shawnee does not currently have any design standards for commercial buildings. The Planning Commission is currently examining zoning code requirements citywide and expects to have a revised zoning code completed by mid-2014. Mr. Erickson provided Commissioners with a Power Point presentation showing various businesses throughout the city and the differing facades used for metal buildings. Staff is proposing the following requirements for new construction as a stop-gap measure for businesses for the next six months until the new zoning code is completed. The new requirements include: (1) brick or rock façade on street facing side; (2) stricter rules for downtown district; (3) flexibility for non-street facing sides; and (4) no façade for industrial land. Mr. Erickson will present an ordinance for Commission approval at the November 18, 2014 City Commission meeting.

AGENDA ITEM NO. 8: Discussion, consideration and possible action on proposal that City rather than employees pay fee increase assessed by Blue Cross/Blue Shield for health insurance.

Human Resources Director Tamara Johnson presented the proposal that the City pick up the 3.5% fee increase from January 1, 2014 until June 30, 2014. The employees would be responsible for the fees from July 1, 2014 and thereafter. Insurica representative Dustin Brand addressed the Commission and advised these are federally mandated fees. He further explained that these fees were not made aware to employees or Insurica by Blue Cross/Blue Shield at the time of insurance enrollment last June.

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve Staff’s recommendation and the City to pay the 3.5% fee increase from January 1, 2014 until June 30, 2014, but not after that date. Motion carried 7-0.

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

AGENDA ITEM NO. 9: Consider and approve the granting of a utility easement to OG&E for replacement of electrical line(s) to feed the Dockery Park Softball Complex.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve the granting of a utility easement to OG&E for replacement of electrical line(s) to feed the Dockery Park Softball Complex. Motion carried 7-0.

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

AGENDA ITEM NO. 10: Consider resolution approving sale not to exceed $15,000,000.00 Oklahoma Baptist University Authority, Student Housing Revenue Note (Oklahoma Baptist University Project) in one or more Series and waiving competitive bidding.

Resolution No. 6458 was introduced.

APPROVAL OF THE SALE OF NOT TO EXCEED $15,000,000 OKLAHOMA BAPTIST UNIVERSITY AUTHORITY, STUDENT HOUSING REVENUE NOTE (OKLAHOMA BAPTIST UNIVERSITY PROJECT) IN ONE OR MORE SERIES AND WAIVING COMPETITIVE BIDDING.

Mr. John Waldo with BOSC advised that Oklahoma Baptist University (OBU) held a public hearing today at 5:00 p.m. at the Commission Chambers at City Hall. No one appeared for or against the proposed resolution. He further stated that his resolution will not obligate the City in any way nor take away from the City’s bonding capacity. Mr. Randy Smith of OBU stated that the university is at 97% housing occupancy and that the new two new dormitories will house 46 students in one and 159 students in the other.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve a resolution approving sale not to exceed $15,000,000.00 Oklahoma Baptist University Authority, Student Housing Revenue Note (Oklahoma Baptist University Project) in one or more Series and waiving competitive bidding. Motion carried 7-0.

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

Resolution No. 6458 was adopted by the City Commission.

AGENDA ITEM NO. 11: 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. 12: Administrative Reports

Emergency Management Director Don Lynch reported on the radio upgrade stating that 48 mobile radios and 80 portable radios are now in service. Regarding the radio tower, he reported that there was a delay waiting on a digital service upgrade to the Pink tower. He estimated completion date as the third quarter of 2014. Mr. Lynch also addressed the new telephones stating that all the sets are installed and an agreement with A.T. &T. will be presented for consideration at the next City Commission meeting.

Director of Operations James Bryce provided an update on the pool. He estimated the engineer’s drawings are two (2) weeks from being submitted to the health department. He also estimates a late December/first of January bid letting on the project. A full report will be given by the pool committee at the next City Commission meeting.

AGENDA ITEM NO. 16: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (8:09 p.m.)


WES MAINORD, MAYOR


ATTEST:

_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK


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