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Date: 5/18/2015Board: City CommissionDocumentType: MinutesWeb Posted: 6/2/2015 8:43:28 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
MAY 18, 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, Monday, May 18, 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

Vacant 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 Rev. Amy Busse
United Presbyterian

FLAG SALUTE Led by Commissioner Harrod

AGENDA ITEM NO. 1: Consider approval of Consent Agenda:

1. Consider approval of Consent Agenda:

a. Minutes from the May 4, 2015 regular meeting.

b. Acknowledge the following reports and minutes:
• License Payment Report for April 2015
• Project Payment Report for April 2015
• Shawnee Urban Renewal Authority Minutes from April 7, 2015
• Planning Commission Minutes from March 4, 2015 and April 1, 2015
• Contract Review Committee minutes from May 28, 2014 meeting and April 14, 2014 meeting (April 14, 2015 draft only not yet approved – for information only)

c. Approve Community Service Contract Review Committee Recommendations for Fiscal Year 2015-2016:

(1) Consider renewal of the YMCA contract for the management and operation of the Community Center for FY 2015-16.

RECOMMENDATION: To renew contract for FY 2015-16 in the amount of $36,000. (No change from FY 2014-15 contract).

(2) Consider renewal of the contract with Senior Citizens Center, Inc. for operation of the Municipal Auditorium for FY 2015-16.

RECOMMENDATION: To renew contract for FY 2015-16 in the amount of $100,000. (FY 2014-15 contract amount was $90,994.00).

(3) Consider renewal of contract with Shawnee Economic Development Foundation for FY 2015-16.

RECOMMENDATION: To renew contract for FY 2015-16 in the amount of $231,000. (No change from FY 2014-15 contract).

(4) Discuss and consider renewal of contract with Safe Events for Families for FY 2015-16.

RECOMMENDATION: To renew contract for FY 2015-16 to reimburse expenses for events up to $15,000. (FY 2014-15 contract amount was $12,000).

d. Mayor’s Appointments:

Planning Commission
Michael Affentranger Term to Expire 06/01/2018 1st Full Term
Replaces Chris Silvia – Termed Out

e. Grant an easement to Oklahoma Gas and Electric Company to provide street/safety lighting at the public works facility.

f. Authorization for Commissioner Linda Agee to attend the Oklahoma Statewide Preservation Conference June 3-5, 2015 in Bartlesville, Oklahoma.

g. Acknowledge award of 2015 Local Edward Byrne Memorial Grant ($19,690.00 split with Pottawatomie County Sheriff’s office).

h. Ratify Interim City Manager’s Declaration of State of Emergency dated May 6, 2015 and authorize staff to sign request for public assistance.

Commissioner Agee asked that Agenda Item No. 1(f) be pulled for separate consideration.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to approve the Consent Agenda Item Nos. 1(a-h), less item No. 1(f). Motion carried 6-0.

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

Agenda item No. 1(f) authorized Commissioner Agee to attend the Oklahoma Statewide Preservation Conference in Bartlesville, Oklahoma. A motion was made by Commissioner Hall, seconded by Commissioner Dykstra, to approve Consent Agenda Item No. 1(f). Motion carried 5-0-1.

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

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

Ms. Edwina Butler-Wolfe addressed her concerns regarding the Ward 1 vacancy.

AGENDA ITEM NO. 3: Mayor’s Proclamations:
“Community Action Month”
May 2015

Mr. Douglas Gordon accepted the Mayor’s Proclamation for “Community Action Month” presented by Mayor Mainord.

AGENDA ITEM NO. 4: Discussion, consideration and possible action to appoint a City Commissioner to the Ward 1 position to fill the open position left by Gary Vogel until the next regular City Commissioner election in 2016. (Continued from May 4, 2015 City Commission Meeting.)

After discussion, a motion was made by Commissioner Shaw, seconded by Commissioner Agee, to approve the action to indefinitely table the Ward 1 City Commissioner position appointment. Motion failed 3-3.

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

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to appoint Dell Kerbs as Ward 1 City Commissioner until the next regular City Commission election in 2016. Motion failed 3-3.

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

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to appoint John Winterringer as Ward 1 City Commissioner until the next regular City Commission election in 2016. Motion failed 3-3.

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

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to appoint Regena Morton as Ward 1 City Commissioner until the next regular City Commission election in 2016. Motion failed 3-3.

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

A motion was made by Vice Mayor Harrod, seconded by Mayor Mainord, to appoint William Kirkland as Ward 1 City Commissioner until the next regular City Commission election in 2016. Motion failed 3-3.

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

AGENDA ITEM NO. 5: Swearing in of Ward I Commissioner. (This item only occurs if a Commissioner for Ward 1 is appointed during Agenda Item No. 3.)

No action taken.

AGENDA ITEM NO. 6: A public hearing and consideration of approving an ordinance to rezone with a Conditional Use Permit for property located at 731 E. Independence from C-3; Highway Commercial to C-3; Highway Commercial with a Conditional Use Permit. Case #P03-15 Applicant: Lottie Coody (Planning Commission deferred item until the June 3, 2015 meeting.)

A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to defer this item until the June 15, 2015 City Commission meeting. Motion carried 6-0.

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

AGENDA ITEM NO. 7: A public hearing and consideration of approving an ordinance to rezone with a Conditional Use Permit for property located at 126 S Center Avenue from R-3; Multi-Family Residential District to C-1P; Neighborhood Commercial with a Conditional Use Permit.
Case #P05-15 Applicant: Phil Fitzgerald and/or Rodney Bivens.

Staff report was given by Interim City Manager, Justin Erickson. He stated that the Planning Commission, as well as staff, recommends the requested rezoning.
Mayor Mainord declared a public hearing in session to consider an ordinance to rezone property from with a Conditional Use Permit for property located at 126 S Center Avenue from R-3; Multi-Family Residential District to C-1P; Neighborhood Commercial with a Conditional Use Permit. Mr. Daniel Mathew and Mr. Rodney Bivens appeared in favor of said rezoning. No one appeared against said rezoning. The public hearing was closed.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the ordinance rezoning property from with a Conditional Use Permit for property located at 126 S Center Avenue from R-3; Multi-Family Residential District to C-1P; Neighborhood Commercial with a Conditional Use Permit with the following conditions:

1. A landscaping plan meeting code requirements (Section 22.180) shall be submitted concurrent with building permit submittal.
2. A copy of the cross-access agreement providing for sufficient parking, loading/unloading, and site circulation shall be submitted concurrent with the building permit application.
3. Outdoor lighting of the planned building and of the site shall be installed and oriented in a way that does not impact adjacent residential properties (Section 22-175.4).

Ordinance No. 2561NS 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: ALL OF LOTS FOUR (4) THRU SEVENTEEN (17) IN CENTRAL PARK ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM R-3; MULTI-FAMILY RESIDENTIAL TO C-1P; NEIGHBORHOOD COMMERCIAL WITH CONDITIONAL USE PERMIT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE, ACCORDINGLY.

Motion carried 6-0.

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

Ordinance No. 2561NS was adopted by the City Commission.

AGENDA ITEM NO. 8: A public hearing and consideration of approval of an ordinance to rezone property located at 602 E. Highland Street from C-1; Neighborhood Commercial to C-3; Highway Commercial.
Case #P06-15 Applicant: Scott Timmons.

Staff report was given by Assistant City Planner, Justin Debruin. He stated that the Planning Commission, as well as staff, recommends a denial on the requested rezoning.
Mayor Mainord declared a public hearing in session to consider an ordinance to rezone property from with a Conditional Use Permit for property located at 126 S Center Avenue from R-3; Multi-Family Residential District to C-1P; Neighborhood Commercial with a Conditional Use Permit. No one appeared in favor or against said rezoning. The public hearing was closed.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to approve the ordinance rezoning property located at 602 E. Highland Street from C-1; Neighborhood Commercial to C-3; Highway Commercial. Motion failed 0-6.

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

AGENDA ITEM NO. 9: A public hearing and consideration of approving an ordinance to rezone with a Conditional Use Permit for property located at 302 S Beard Street from I-2; Light Industrial District to I-3; Heavy Industrial District with a Conditional Use Permit. Case #P07-15 Applicant: Michael S. Kline (Application withdrawn prior to Planning Commission May 4, 2015 meeting.)

No action was taken.

AGENDA ITEM NO. 10: A public hearing and consideration of an ordinance to rezone the property located on Highland and Kimberly Street from R-2; Combined Residential and R-3; Multi-Family Residential to PUD; Planned Unit Development. Case #P08-15; Applicant: Sac & Fox Housing Authority.

Staff report was given by Assistant City Planner, Justin Debruin. He stated that the Planning Commission, as well as staff, recommends the requested rezoning.
Mayor Mainord declared a public hearing in session to consider an ordinance to rezone property located on Highland and Kimberly Street from R-2; Combined Residential and R-3; Multi-Family Residential to PUD; Planned Unit Development. Mr. Jerry Mankin appeared not in favor or against said rezoning. He stated concerns regarding the rezoning as to the affect it may have on property. Justin Debruin assured that the legal description does not include his property. Mr. Richard Landes also spoke in favor of said rezoning. No one appeared against said rezoning. The public hearing was closed.
A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve an ordinance to rezone the property located on Highland and Kimberly Street from R-2; Combined Residential and R-3; Multi-Family Residential to PUD; Planned Unit Development with the following conditions:

1. Developer shall adhere to proper procedure for having a public right-of-way closed, and then
vacated from the Court records before consideration for Preliminary Plat.

Ordinance No. 2562NS 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-2; COMBINED RESIDENTIAL AND R-3; MULTIFAMILY RESIDENTIAL TO P.U.D.; PLANNED UNIT DEVELOPMENT AS DESCRIBED BELOW, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE, ACCORDINGLY.

Motion carried 6-0.

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

Ordinance No. 2562NS was adopted by the City Commission.

AGENDA ITEM NO. 11: A public hearing and consideration of approval of an ordinance to rezone property located at Harrison Street, North of Wolverine Road, from A-1; Rural Agricultural to I-3; Heavy Industrial. Case #P09-15 Applicant: The Landrun Group, LLC

Staff report was given by Assistant City Planner, Justin Debruin. He stated that the applicant requests to defer this item until the June 1, 2015 City Commission meeting.
A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to defer this item until the June 1, 2015 City Commission meeting. Motion carried 6-0.

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

AGENDA ITEM NO. 12: Consideration of approval of a Preliminary Plat for North Harrison Industrial Park located at Harrison Street, North of Wolverine Road. Case #S05-15 Applicant: The Landrun Group, LLC

Staff report was given by Assistant City Planner, Justin Debruin. He stated that the applicant requests to defer the item until the June 1, 2015 City Commission meeting.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to defer this item until the June 1, 2015 City Commission meeting. Motion carried 6-0.

AYE: Harrod, Dykstra, Agee, Mainord, Hall, Shaw
NAY: None
AGENDA ITEM NO. 13: A public hearing and consideration of an ordinance to rezone the property located on Kickapoo Street, North of MacArthur Street, from PUD; Planned Unit Development to PUD; Planned Unit Development. Case #P10-15; Applicant: The Landrun Group, LLC

Staff report was given by Assistant City Planner, Justin Debruin, for both Agenda Item Nos. 13 and 14. He stated that the Planning Commission, as well as staff recommends the requested rezoning and Preliminary Plat.
Mayor Mainord declared a public hearing in session to consider an ordinance to rezone property located on Kickapoo Street, North of MacArthur Street, from PUD; Planned Unit Development to PUD; Planned Unit Development. Ms. Julie Landes appeared in favor of said rezoning. No one appeared against said rezoning. The public hearing was closed.
A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve an ordinance to rezone the property located on Kickapoo Street, North of MacArthur Street, from PUD; Planned Unit Development to PUD; Planned Unit Development with the following conditions:

1. Submittal, approval and incorporation of proposed access agreements and their instrument number into the PUD Design Statement.
2. Section 18.0 (D) shall be corrected. All utility meters shall be placed within the utility easement.

Ordinance No. 2563NS 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 P.U.D.; PLANNED UNIT DEVELOPMENT TO P.U.D.; PLANNED UNIT DEVELOPMENT AS DESCRIBED BELOW, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE, ACCORDINGLY.

Motion carried 6-0.

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

Ordinance No. 2563NS was adopted by the City Commission.

AGENDA ITEM NO. 14: Consideration of approval of a Preliminary Plat for Kickapoo Plaza located on Kickapoo Street, North of MacArthur Street. Case #S06-15 Applicant: The Landrun Group, LLC

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the preliminary plat for Kickapoo Plaza located on Kickapoo Street, North of MacArthur Street with the following conditions:

1. Final construction documents must be approved by the City Engineer concurrent with Final Plat
approval.
2. The final engineering drainage plan must be approved by the City Engineer concurrent with Final Plat approval.
3. Six (6' ) foot sidewalk required along Kickapoo Street.
4. Submittal of appropriate documentation associated with cross-access agreements.
5. All other applicable City standards apply.

Motion carried 5-0-1.

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

AGENDA ITEM NO. 15: Discussion, consideration and possible action to approve an ordinance to adopt the Downtown Property Maintenance Code.

A staff report was given by Justin Erickson, Interim City Manager, regarding the proposed ordinance to adopt the Downtown Property Maintenance Code.
A motion was made by Commissioner Shaw, seconded by Commissioner Agee, to approve an ordinance adopting the Downtown Property Maintenance Code.

Ordinance No. 2564NS was introduced.

AN ORDINANCE OF THE CITY OF SHAWNEE AMENDING CHAPTER 7, CREATING ARTICLE XVII – DOWNTOWN PROPERTY MAINTENANCE CODE, PROVIDING FOR SEVERABILITY AND PROVIDING FOR CODIFICATION.

Motion carried 6-0.

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

Ordinance No. 2564NS was adopted by the City Commission.

AGENDA ITEM NO. 16: Discussion, consideration and possible action on renewal of a nonexclusive permit to Vyve Broadband A, LLC to maintain a cable communication system in the City of Shawnee.

A staff report was given by Justin Erickson, Interim City Manager, regarding the approval for the 12-year permit with Vyve.
A motion was made by Commissioner Hall, seconded by Commissioner Shaw, to approve the renewal of a nonexclusive permit to Vyve Broadband A, LLC to maintain a cable communication system in the City of Shawnee. Motion carried 6-0.

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

AGENDA ITEM NO. 17: Discussion, consideration and possible action to determine selection process for Municipal Judge.

The Mayor reported that Judge Robert Jones resigned as of May 6, 2015. The Mayor would like to have the courtroom name changed to honor Judge Jones and would also like to make him a Judge Emeritus. City Attorney Mary Ann Karns stated that a resolution is needed for both the courtroom name change and the Judge Emeritus. Staff advised that these items will be placed on a future City Commission agenda.
Robert Butler has been appointed by the Mayor as Interim Municipal Judge until a new Municipal Judge is selected.

COMMISSIONER HARROD LEFT THE CHAMBERS AT 7:54 P.M.

COMMISSIONER HARROD RETURNED AT 7:56 P.M.

A motion was made by Commissioner Shaw, seconded by Commissioner Hall, to approve the action of posting an advertisement for two weeks to fill the position of Municipal Judge. Motion carried 6-0.

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

AGENDA ITEM NO. 18: Acknowledge Sales Tax Report received May 2015.

Cynthia Sementelli, Finance Director, reported that May sales tax collected this month was $1,466,536.00, which is up 5.13% from 2014 and 11.7% from 2013.

AGENDA ITEM NO. 19: City Manager Report

A report was given by Justin Erickson, Interim City Manager, regarding the progress at the Municipal Pool and the Boy Scout Splash Pad. Mr. Erickson reported that the opening of the Municipal Pool has been deferred until a later date due to the amount of rain that has caused the construction to be delayed. He stated that the Boy Scout Splash Pad and still currently scheduled to be opened on May 27, 2015.
A report was given by James Bryce, Director of Operations, regarding the status for the maintenance building at the lake. The construction of the building has been delayed due to the rain received.

AGENDA ITEM NO. 20: Consider Bids/Requests for Qualifications

a. Boy Scout Restroom Project (Award)

Director of Operations, James Bryce, announced that three bids were received and after review and consideration it was staff’s recommendation to award the bid to Craig Contractors, LLC of Tecumseh, Oklahoma in the total amount of $98,522.00.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to accept staff’s recommendation and award the bid to Craig Contractors, LLC in the total amount of $98,522.00. Motion carried 6-0.

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

AGENDA ITEM NO. 21: 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. 22: Commissioners Comments

Mayor Mainord advised that he received a call and was asked that all Commissioners participate in the Juneteenth celebration parade.

Commissioner Hall applauded the Shawnee High School teams that placed in the recent state competition.

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE AIRPORT AUTHORITY AND RECONVENE SHAWNEE MUNICIPAL AUTHORITY (8:09 P.M.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (8:28 P.M.)

AGENDA ITEM NO. 23: Discussion, consideration and possible action to enter into executive session for the purpose of reviewing information on candidates related to the hiring of a city manager pursuant to 25 O.S. §307(B)1 “Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee”.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to enter into Executive Session to discuss, consider and take possible action for the purpose of reviewing information on candidates related to the hiring of a city manager pursuant to 25 O.S. §307(B)1 “Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee”. Motion carried 6-0.
AYE: Harrod, Dykstra, Agee, Mainord, Hall, Shaw
NAY: None

COMMISSION ENTERED INTO EXECUTIVE SESSION AT 8:29 P.M. WITH ALL MEMBERS PRESENT.
COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 9:35 P.M. WITH ALL MEMBERS PRESENT
AGENDA ITEM NO. 24: Consideration and possible action on matters discussed in executive session for the purpose of reviewing information on candidates related to the hiring of a city manager pursuant to 25 O.S. §307(B)1 “Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee”.

A motion was made by Commissioner Shaw, seconded by Commissioner Hall, to invite three candidates as final applicants to interview on May 22, 2015 at 2:00 p.m. located at the Shawnee Heart of Oklahoma Exposition Center. Motion carried 6-0.

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

AGENDA ITEM NO. 25: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (9:37 p.m.)


WES MAINORD, MAYOR
ATTEST:

_______________________________
LISA LASYONE, DEPUTY CITY CLERK

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