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Date: 6/1/2015Board: City CommissionDocumentType: MinutesWeb Posted: 6/17/2015 3:54:04 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
JUNE 1, 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, June 1, 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 Lord’s Prayer led by Mayor Mainord

FLAG SALUTE Led by Tom Schrzan

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

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 May 18, 2015 regular meeting.

c. Mayor’s Appointments:

Pioneer Library Systems Board
Bob Perry Term to Expire 6-30-2018 2nd Full Term

d. Acknowledge Oklahoma Municipal Retirement Fund normal Retirement for Lonnie Mike Cox.

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

f. Authorize staff to advertise for bids for an emergency generator and transmitter antenna provision and installation at the North Radio Repeater Tower site.

g. Acknowledgment of contract renewals by City Manager for FY 2015-2016:

1. Pottawatomie County District Court to establish, develop and implement programs for juvenile misdemeanor offenders.
2. Agreement with Youth and Family Resource Center, Inc. (Hope House) for Juvenile Services.
3. Fingerprint Service for The Housing Authority of the City of Shawnee.
4. Lease of property known as Regional Park by Dace Dockery.
5. Agreement with YMCA for use of recreational facilities known as Lions Club Park, Dockery Park, Milstead Park and Lilac Park.
6. Agreement with Shawnee Twin Lakes Trap Club for use of city property known as Trap Range.
7. Agreement with McLoud Public Works Authority for use of mower, city property, for maintenance of Wes Watkins Reservoir.
8. Agreement with YMCA for use of mower, city property, for maintenance of Dockery Park, Lions Club Park, Milstead Park and Lilac Park.
9. Agreement with Central Oklahoma Economic Development District (COEDD) for space in Municipal Auditorium.
10.Agreement with South Central Industries, Inc. for Right-of-Way Maintenance Services.
11. Agreement to renew Blackboard, Inc. for Blackboard Connect Services July 1, 2014 through June 30, 2015.

h. Approve renewal of existing contract with no changes and approved by the Commission for FY 2015-2016:

(1) Pottawatomie County Public Safety Center Jail Services Agreement.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the Consent Agenda Items No. 1(a-h). Motion carried 6-0.

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

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

Mr. Bill Ford commented on the Veterans Memorial. He stated that he would like to see some Commissioners on the Shawnee Veterans Memorial Committee.
Mr. Tom Schrzan also spoke regarding the Veterans Museum. He stated that the Veterans Committee would like to locate a Veterans Museum in the Municipal Auditorium stage area. He also stated that are seeking support from the City of Shawnee.
Mr. Justin Wood started by thanking the Commissioners for what they do. He then spoke regarding the Ward 1 Vacancy. Mr. Wood encouraged the Commission to make a decision at tonight’s meeting. He stated that Ward 1 needs to have a voice, and that they currently have no representation.
Mr. Tom Smith added to the information regarding the Veteran Memorial.

AGENDA ITEM NO. 3: Discussion, consideration and possible action to hold a special election to fill unexpired Ward 1 vacancy.

After discussion, a motion was made by Commissioner Shaw, seconded by Commissioner Agee, to approve action to hold a special election to fill unexpired Ward 1 vacancy. Motion failed 3-3.

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

AGENDA ITEM NO. 4: Discussion, consideration and possible action to appoint a City Commissioner to fill Ward 1 vacancy. (If Item No. 3 passes, this item will not be considered).)

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, Shaw, Dykstra

AGENDA ITEM NO. 5: Swearing-in of Ward 1 Commissioner. (This item only occurs if a Commissioner for Ward 1 is appointed during Agenda Item No. 4.)

No action taken.

AGENDA ITEM NO. 6: Consider a resolution approving renewal of a certain lease agreement with Motorola Credit Corporation.

Resolution No. 6492 was introduced.

A RESOLUTION APPROVING RENEWAL OF A CERTAIN LEASE AGREEMENT WITH MOTOROLA CREDIT CORPORATION.

Staff report was given by, Don Lynch, Emergency Management Director. He stated that the staff recommends the adoption of the resolution.

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve a resolution of a certain lease agreement with Motorola Credit Corporation. Motion carried 6-0.

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

AGENDA ITEM NO. 7: 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 (Deferred from May 18, 2015 City Commission Meeting.)

Staff report was given by 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 located at Harrison Street, North of Wolverine Road, from A-1; Rural Agricultural to I-3; Heavy Industrial. Mr. Steve Landes, applicant and Mr. Nicholas Hicks, general contractor, explained the process and spoke in favor of rezoning. It was noted that the project is expected to produce 100 jobs within the next three years. No one appeared 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 rezoning property located at Harrison Street, North of Wolverine Road, from A-1; Rural Agricultural to I-3; Heavy Industrial. with the following conditions:

1. Six (6') sidewalk required or pay-in-lieu of along Harrison Street for the full
length of property.
2. Storm water drainage to be approved by the City Engineer.
3. Developer shall extend the City's waterline across the frontage of the area they
will be final platting.
4. Developer shall extend the City's sanitary sewer lines to at least the boundary of
Lot 1 -Block 2 shown on the Preliminary Plat.
5. Updated Stormwater Management Report. The current report only pertains to Lot 1 - Block 1. The inclusion of both lots will be necessary.

Ordinance No. 2565NS was introduced.

AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, TO-WIT: A TRACT OF LAND LOCATED IN THE SE/4 OF SECTION 18, TOWNSHIP 11 NORTH, RANGE 4 EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE/CORNER OF SAID SE/4; THENCE S 89°22'25" W A DISTANCE OF 81.18 FEET; THENCE N 00°03'12" W A DISTANCE OF 447.50 TO THE POINT OF BEGINNING; THENCE N 00°03'12" W A DISTANCE OF 492.12 FEET; THENCE N 08°28'39" E A DISTANCE OF 101.12 FEET; THENCE N 00°03'12" W A DISTANCE OF 200 FEET; THENCE N 02°54'57" W A DISTANCE OF 100.12 FEET; THENCE N 00°03'12" W A DISTANCE OF 500 FEET; THENCE N 01°51'21" E A DISTANCE OF 150.08 FEET; THENCE N 00°03'12" W A DISTANCE OF 645.31 FEET; THENCE S 89°31'29" W A DISTANCE OF 521.89 FEET; THENCE S 04°15'03" W A DISTANCE OF 2197.04 FEET; THENCE N 89°19'38" E A DISTANCE OF 671.81 FEET TO THE POINT OF BEGINNING, CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA. ACCORDING TO THE RECORDED PLAT THEREOF REZONING SAID PROPERTY FROM A-1; RURAL AGRICULTURAL TO I-3; HEAVY INDUSTRIAL AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 6-0.

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

Ordinance No. 2565NS was adopted by the City Commission.

AGENDA ITEM NO. 8: 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 (Deferred from May 18, 2015 City Commission Meeting.)

A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to approve the preliminary plat for North Harrison Industrial Park located at Harrison Street, North of Wolverine Road 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 or fee-in-lieu of required along Harrison Street and is to be paid concurrent with Building Permit submittal.
4. All other applicable City standards apply.

Motion carried 6-0.

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

AGENDA ITEM NO. 9: Public hearing and consideration of approval of a budget for Fiscal Year 2015-2016.

A budget overview was given by City Manager Justin Erickson. He explained that the Fund Balance is approximately $4.8 million and the projected growth in sales tax is 3%. He said the proposed budget contains 2.5% merit increases for non-union employees.
Commissioner Shaw asked about available funds for strategic planning. Mr. Erickson stated that funds have been identified for this and suggested that a workshop be scheduled for further discussion of the strategic plan.
Vice Mayor Harrod asked whether the budget contained funds for an Assistant City Manager position. Staff responded that the position had not been funded but that a budget amendment could be done should the Commission wish to create the position.
Mayor Mainord declared a public hearing in session to consider the budget for Fiscal Year 2015-2016. No one appeared in favor or against said budget. The public hearing was closed.
Mayor Mainord thanked the staff for the numerous hours put into constructing the budget.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the budget for Fiscal Year 2015-2016. Motion carried 6-0.

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

AGENDA ITEM NO. 10: Consideration of a resolution adopting the budget for the City of Shawnee for the period of July 1, 2015 through June 30, 2016 finding all things requisite and necessary have been done in preparation and presentation of budget.

Resolution No. 6493 was introduced.

A RESOLUTION APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF SHAWNEE, OKLAHOMA FOR THE PERIOD JULY 1, 2015 THROUGH JUNE 30, 2016 FINDING ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTATION OF SAID BUDGET.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to approve a resolution adopting the budget for the City of Shawnee for the period of July 1, 2015 through June 30, 2016 finding all things requisite and necessary have been done in preparation and presentation of budget. Motion carried 6-0.

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

AGENDA ITEM NO. 11: Discussion, consideration and possible action on an ordinance amending Section 12-51 of the Shawnee Municipal Code relating to qualifications of Judge.

Upon discussion it was decided to wait and review the applications received before a change was made to the existing ordinance. No action was taken.

AGENDA ITEM NO. 12: Consider Bids/Requests for Qualifications:

a. Municipal Auditorium HVAC Design (Award)

Staff report was given by Director of Operations, James Bryce. He stated that it is staff recommendation to award the contract to Fosdick & Hilmer, Consulting Engineers, in the amount of: Design Phase $24,000.00, Construction Administration $8,000.00.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Shaw, to accept staff’s recommendation and award the bid to Fosdick & Hilmer Consulting Engineers, in the amount of: Design Phase $24,000.00, Construction Administration $8,000.00. Motion carried 6-0.

AYE: Harrod, Shaw, Dykstra, Agee, Mainord, Hall
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: Commissioners Comments

Mayor Mainord asked if any Commissioners are interested in serving on the Shawnee Veterans Memorial Committee to please let him know. Mayor Mainord spoke regarding the events of Health Week and in particular the success of the Glow Run.

All six Commissioners thanked Fire, Police, Emergency Management and Street crews for doing a tremendous job during the recent flooding event in the city. Commissioner Agee noted the dangerous nature of the work that city employees performed in order keep residents safe.

Commissioner Dykstra asked for an update on the status of Optimist Park. Staff will review and let him know.

Commissioner Agee wanted the people of Ward 1 to know that despite the vacancy in their ward, they do have representation by the Mayor and all the Commissioners.

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE AIRPORT AUTHORITY AND RECONVENE SHAWNEE MUNICIPAL AUTHORITY (7:33 P.M.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (7:43 P.M.)

AGENDA ITEM NO. 15: Discussion, consideration and possible action to enter into executive session for the purpose of finalizing a contract with Justin Erickson for performance of duties as 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 Hall, seconded by Vice Mayor Harrod, to enter into Executive Session to discuss, consider and take possible action for the purpose of finalizing a contract with Justin Erickson for performance of duties as 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: Hall, Harrod, Mainord, Shaw, Dykstra, Agee
NAY: None

COMMISSION ENTERED INTO EXECUTIVE SESSION AT 7:44 P.M. WITH ALL MEMBERS PRESENT.
COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 9:04 P.M. WITH ALL MEMBERS PRESENT

AGENDA ITEM NO. 16: Consideration and possible action on matters discussed in executive session for the purpose of finalizing a contract with Justin Erickson for performance of duties as 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 approve the agreed upon revised contract with Justin Erickson for performance of duties as City Manager.

Motion carried 6-0.

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

AGENDA ITEM NO. 17: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (9:08 p.m.)

___________________
WES MAINORD, MAYOR

ATTEST:

_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK

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