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Date: 2/17/2015Board: City CommissionDocumentType: MinutesWeb Posted: 3/23/2015 8:49:38 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
FEBRUARY 17, 2015 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, Tuesday, February 17, 2015 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

Gary Vogel Linda Agee
Commissioner Ward 1 Commissioner Ward 2

James Harrod Keith Hall
Commissioner Ward 3-Vice Mayor Commissioner Ward 4

Lesa Shaw Micheal Dykstra
Commissioner Ward 5 Commissioner Ward 6

ABSENT: None
INVOCATION The Lord’s Prayer

FLAG SALUTE Led by Commissioner Vogel

AGENDA ITEM NO. 1: 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 Shawnee Municipal Authority Agenda Item No. 2.

b. Minutes from the February 2, 2015 regular meeting.

c. Acknowledge the following reports and minutes:
• License Payment Report for January 2015
• Project Payment Report for January 2015
• Planning Commission Minutes from the November 5, 2014 meeting.

d. Budget amendment – Capital Fund 301
Project Funding for Heart of Oklahoma Exposition Center

e. Budget amendment – General Fund
Red Cross Storm Shelter Grant

f. Authorize staff to request bids for Boy Scout Park Restroom Project.

g. Lake Lease Transfer:

TRANSFER
• Lot 7 Belcher Tract, 15413 Nickens Road
From: C. McQuitty and D. McQuitty
To: D. Cline and T. Cline

The Mayor asked that Agenda Item No. 1(d) be pulled for separate consideration.

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve the Agenda Item Nos. 1(a-g), less item 1(d). Motion carried 7-0.

AYE: Hall, Harrod, Mainord, Shaw, Dykstra, Vogel, Agee
NAY: None

Regarding Agenda Item No. 1(d), Mayor Mainord expressed concern that the Heart of Oklahoma Exposition Center (Expo) needs to do more toward payment of this project. Expo Director Mike Jackson reported this money is being requested for stall repair. He state that the Expo Board has already spent $60,000.00 on this project. Additionally, he stated that $50,000.00 should finish the project. Expo staff will only ask for $50,000.00 in the next fiscal year and not the normal $100,000.00 requested for repairs and maintenance.

A motion was made by Commissioner Dykstra, seconded by Vice Mayor Harrod, to approve the Agenda Item No. 1(d). Motion carried 7-0.


AYE: Dykstra, Harrod, Mainord, Hall, Shaw, Vogel, Agee
NAY: None

AGENDA ITEM NO. 2: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)

There was no Citizens Participation.

AGENDA ITEM NO. 3: Presentation by Creative Magic Children’s Theatre.

Jeff and Valarie Hames with Creative Magic Theatre Group gave a presentation regarding the Creative Magic Children’s Theatre. Currently, through a partnership with Senior Citizens, Inc., they are utilizing the Municipal Auditorium for their plays after having outgrown the Ritz Theatre. Their productions use students from Shawnee and the surrounding areas. They hope to bring more people to see their productions and also to increase awareness of the Municipal Auditorium.

AGENDA ITEM NO. 4: Presentation of Audited Financial Statements for the City of Shawnee and Related Authorities for the Fiscal Year 2013-2014.

Ann Cole with Arledge and Associates provided a presentation of the audited financial statements. She stated there were no findings and it was a clean audit opinion.

AGENDA ITEM NO. 5: Discussion concerning fire run fees, fire service area, mutual aid agreements and fire service outside city limits.
Interim Fire Chief Dru Tischer gave an update and presentation concerning fire run fees, fire service area, mutual aid agreements and fire service outside the city limits. Currently the fire run fees are $100.00 per hour per apparatus. The Commission discussed the possible need for an additional fire station in the Shawnee Lake area, as well as the need to increase fire run rates outside our service area. City staff will continue to research this issue and will provide additional information to the Commission.

AGENDA ITEM NO. 6: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Defined Contribution Plan for Loyd Davis, Jr.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Defined Contribution Plan for Loyd Davis, Jr. Motion carried 7-0.

AYE: Harrod, Hall, Shaw, Dykstra, Vogel, Agee, Mainord
NAY: None

AGENDA ITEM NO. 7: Discussion, consideration and possible action of Visit Shawnee Incorporated (VSI) contract.

Interim City Manager Justin Erickson gave a staff report regarding the discussions and history of the Visit Shawnee Incorporation (VSI) contract. He highlighted the differences in the contracts provided by VSI and the City of Shawnee. Mr. Erickson stated that the City feels like VSI’s version does not follow the recommendations of mediator Bill Geist. Staff’s recommendation is to attempt further negotiations.
Mr. Randy Gilbert, VSI board member, was present and gave his input on the organization. He stated there were areas in the City’s contract that the VSI board felt were too restrictive, especially regarding the $2,500 spending limit.
City Attorney Mary Ann Karns stated that the $2,500 spending limit was required only for items not budgeted.
After further discussion, a motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, for the Mayor to appoint two Commissioners to work with City staff and the VSI board in an effort to negotiate a contract agreeable to all parties; and to defer this item until the March 16, 2015 City Commission meeting. Motion carried 7-0.

AYE: Harrod, Dykstra, Vogel, Agee, Mainord, Hall, Shaw
NAY: None

The Mayor appointed Commissioners Agee and Dykstra to work with staff and the VSI board on the contract issue.

AGENDA ITEM NO. 8: Public hearing and consideration of an ordinance to rezone the Golden Acres Cottages II located on West MacArthur Street between Leo Street and Ellis Drive from R-1; Single Family Residential to PUD; Planned Unit Development.
Case No. P02-15; Applicant: The Land Run Group, LLC

Assistant City Planner Justin Debruin gave a staff report regarding both Agenda Item Nos. 8 and 9.

Mayor Mainord declared a public hearing in session to consider an ordinance rezoning the Golden Acres Cottages II located on West MacArthur Street between Leo Street and Ellis Drive from R-1; Single Family Residential to PUD; Planned Unit Development. No one appeared in favor or against said rezoning. The public hearing was closed.

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve the ordinance rezoning the Golden Acres Cottages II located on West MacArthur Street between Leo Street and Ellis Drive from R-1; Single Family Residential to PUD; Planned Unit Development.

Ordinance No. 2557NS was introduced.

AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, FROM R-1 TO PUD; PLANNED UNIT DEVELOPMENT AS DESCRIBED BELOW, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE, ACCORDINGLY.

Motion carried 7-0.

AYE: Hall, Harrod, Mainord, Shaw, Dykstra, Vogel, Agee
NAY: None

Ordinance No. 2557NS was adopted by the City Commission.

AGENDA ITEM NO. 9: Consider approval of a Preliminary Plat for Golden Acres Cottages II located on West MacArthur Street between Leo Street and Ellis Drive.
Case No. S01-15; Applicant: The Land Run Group, LLC

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the Preliminary Plat for Golden Acres Cottages II located on West MacArthur Street between Leo Street and Ellis Drive with the following conditions:

1. Final construction documents must be approved by the City Engineer concurrent with Final Plat approval.
2. Limits-of-no-access shall be required along MacArthur Street.
3. The final engineered drainage plan must be approved by the City Engineer concurrent with Final Plat approval.
4. Approval of the following deviations:
a. The inclusion of two (2) monument signs not to exceed 18 square feet, located at each entrance. According to Section 3-84.B. of the Shawnee Sign Code, multi-family residential sites under five (5) acres in size are allowed one (1) ground sign, not to exceed twenty 20 square feet.
5. A sight-proof fence shall be required along the entire western extent of the property.
6. All other applicable City standards apply.

Motion carried 7-0.

AYE: Harrod, Hall, Shaw, Dykstra, Vogel, Agee, Mainord
NAY: None

AGENDA ITEM NO. 10: Discussion, consideration and possible action to confirm agreement for legal services with the Love Law firm.

City Attorney Mary Ann Karns gave a staff report regarding the agreement with the Love Law Firm.
A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to confirm the agreement for legal services with the Love Law firm. Motion carried 6-1.

AYE: Hall, Harrod, Mainord, Dykstra, Vogel, Agee
NAY: Shaw

AGENDA ITEM NO. 11: Discussion, consideration and possible action on an ordinance relating to Citizen Participation.

Commissioner Agee gave a brief history regarding this ordinance. She has amended the ordinance to address the items of concern previously expressed by the board.
A motion was made by Commissioner Hall, seconded by Commissioner Agee, to approve an ordinance relating to Citizen Participation with one change on the proposed Ordinance – in the second paragraph of Section 1 it should read “place on the agenda before”… and take out the word “just.”

Ordinance No. 2558NS was introduced.

AN ORDINANCE AMENDING CHAPTER 2, ARTICLE II, DIVISION 1 OF THE SHAWNEE MUNICIPAL CODE BY ENACTING A NEW SECTION PROVIDING FOR CITIZEN PARTICIPATION AT CITY COMMISSION MEETINGS, PROVIDING FOR REPEAL, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION AND DECLARING AN EMERGENCY.

Motion carried 7-0.

AYE: Hall, Agee, Harrod, Mainord, Shaw, Dykstra, Vogel
NAY: None

AGENDA ITEM NO. 12: Acknowledge Sales Tax Report received February 2015.

Cynthia Sementelli, Finance Director, reported that February sales tax collected this month was $1,580,608.00. Compared to last year's it is up $11,151.00 or 0.71%.

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: Commissioners Comments

The Mayor stated that there are merger talks going on regarding the County Dispatch Center.
He also stated that the Insurance Work Group had a meeting today. Commissioner Agee has asked to resign from the Insurance Committee and Commissioner Vogel is replacing her on the committee.

Commissioner Hall stated that the sidewalks are inconsistent on Kickapoo between I-40 and 45th Street. He asked if there was anything that could be done to move the project along.

Commissioner Agee stated that there is a Downtown Shawnee seminar on February 26, 2015 from 8:30 a.m. to 12:00 p.m. at 120 N. Broadway at Vintage Venue. She invited anyone with a passion for the downtown area to attend.

Commissioner Shaw stated that the grand opening of the new Chik-fil-a restaurant was well done. She further inquired about the wind capacity specifications on the new lights on Kickapoo Street.

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE AIRPORT AUTHORITY AND SHAWNEE MUNICIPAL AUTHORITY (8:39 P.M.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (8:44 p.m.)

AGENDA ITEM NO. 15: Discussion, consideration and possible action to go into Executive Session for discussion in accordance with 25 O.S. §307B(3), purchase or appraisal of real property.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to enter into Executive Session for discussion in accordance with 25 O.S. §307B(3), purchase or appraisal of real property. Motion carried 7-0.

AYE: Harrod, Hall, Shaw, Dykstra, Vogel, Agee, Mainord
NAY: None

COMMISSIONERS ENTERED INTO EXECUTIVE SESSION AT 8:44 P.M. WITH ALL MEMBERS PRESENT.

COMMISSIONERS RECONVENED FROM EXECUTIVE SESSION AT 8:50 P.M. WITH ALL MEMBERS PRESENT.

AGENDA ITEM NO. 16: Consider matters discussed in Executive Session in accordance with 25 O.S. §307B(3), purchase or appraisal of real property.

A motion was made by Commissioner Vogel, seconded by Vice Mayor Harrod, to authorize the City Manager to enter into a contract for the purchase of the office building at 227 North Broadway, Shawnee, Oklahoma for $200,000.00, closing on or after March 3, 2015. Motion carried 6-1.

AYE: Vogel, Harrod, Dykstra, Agee, Mainord, Hall
NAY: Shaw

AGENDA ITEM NO. 17: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (8:52 p.m.)


WES MAINORD, MAYOR

ATTEST:


_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK


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