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Date: 3/16/2015Board: City CommissionDocumentType: MinutesWeb Posted: 4/7/2015 10:23:58 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
MARCH 16, 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, March 2, 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

Absent 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: Gary Vogel (at roll call)

INVOCATION The Lord’s Prayer

FLAG SALUTE Led by Commissioner Agee

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 Agenda Item No. 12 and Shawnee Municipal Authority Agenda No. 3.

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

c. Acknowledge the following reports and minutes:
• License Payment Report for February 2015
• Project Payment Report for February 2015
• Shawnee Urban Renewal Authority Minutes from January 6, 2015

d. Lake Lease Transfer:

TRANSFERS
• Lot 7 Renfro Tract, 15812 Sleepy Hollow
From: Lesalee Hinkle
To: Doddie & Leonard Mosley
• Lot 12 Magnino Tract A, 17304 Magnino Road
From: Larry Mitchell & Crystal K. Brown
To: Larry Mitchell & Matthew Cassell

e. Acknowledge waiving Sections 8-431 and 8-434 of the Code of the City of Shawnee involving Garage Sale licenses and fees for the days of April 10-12, 2015.

f. Acknowledge waiving Sections 8-431 and 8-434 of the Code of the City of Shawnee involving Garage Sale licenses and fees for the days of May 1-2, 2015 for properties located with the boundaries of the Westside Neighborhood Watch.

g. Approve recommendation by the Insurance Committee regarding the selection of Insurica as the Insurance Consultant.

h. Authorize the Shawnee Urban Renewal Authority to purchase a new vehicle from Danny Beck Chevrolet in the amount of $26,377.00.

i. Approve Change Order No. 2 for Dispatch Center City of Shawnee Project.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the Agenda Item Nos. 1(a-i). Motion carried 5-1.

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

COMMISSIONER VOGEL ARRIVED AT 6:34 P.M.

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

Mike McCormick congratulated the Shawnee Police Dept. for the quick apprehension of a suspect in a home invasion homicide.

AGENDA ITEM NO. 3: Mayor’s Proclamations:
“Arbor Week”
March 22-28, 2015

James Bryce accepted the Mayor’s Proclamation for “Arbor Week” presented by Mayor Mainord.

AGENDA ITEM NO. 4: Public hearing and consideration of an ordinance to rezone property located north of Wal-Mart on Union Street from A-1; Rural Agricultural District to C-3; Automotive and Commercial District.
Case No. P01-15; Applicant: Nelmon Brauning

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 north of Wal-Mart on Union Street from A-1; Rural Agricultural District to C-3; Automotive and Commercial District. 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 Hall, to approve the ordinance rezoning property located north of Wal-Mart on Union Street from A-1; Rural Agricultural District to C-3; Automotive and Commercial District.

Ordinance No. 2559NS 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 NORTH-HALF (N/2) OF SECTION THIRTY-ONE (31) TOWNSHIP ELEVEN (11) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, WITH AN ASSUMED BASIS OF BEARING OF N89º38’30”E ALONG THE NORTH LINE OF THE NE/4 OF SAID SECTION 31: BEGINNING AT THE NORTHWEST CORNER (NW/C) OF THE NORTHEAST QUARTER (NE/4) OF SECTION 31; THENCE N89º38’30”E ALONG THE NORTH LINE OF SAID NE/4 FOR A DISTANCE OF 1274.75 FEET TO A POINT ON THE WEST LINE OF THE ATCHISON, TOPEKA & SANTA FE RAILROAD; THENCE S02º14’09”E ALONG THE WEST LINE OF THE ATCHISON, TOPEKA & SANTA FE RAILROAD FOR A DISTANCE OF 878.05 FEET; THENCE N89º42’29”W FOR A DISTANCE OF 598.32 FEET; THENCE S00º55’25”W FOR A DISTANCE OF 693.60 FEET TO THE NORTHEAST CORNER (NE/C) OF LOT ONE (1), BLOCK ONE (1) OF SHAWNEE MALL SUBDIVISION EAST, SECTION ONE (10); THENCE N89º42’29”W ALONG THE NORTH LINE OF LOT ONE (1), BLOCK ONE (1) OF SHAWNEE MALL SUBDIVISION EAST, SECTION ONE (1), FOR A DISTANCE OF 431.54 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF NORTH UNION STREET; THENCE N00º01’05”E ALONG THE EAST RIGHT-OF-WAY LINE OF THE NORTH UNION STREET FOR A DISTANCE OF 379.38 FEET; THENCE N89º59’03”W ALONG THE NORTH RIGHT-OF-WAY LINE OF THE NORTH UNION STREET FOR A DISTANCE OF 379.38 FEET; THENCE N89º59’03”W ALONG THE NORTH RIGHT-OF-WAY LINE OF THE NORTH UNION STREET FOR A DISTANCE OF 50.00 FEET TO THE NE/C OF LOT ONE (1), BLOCK ONE (1) OF SHAWNEE MALL SUBDIVISION, SECTION TWO (2); THENCE CONTINUING N89º59’03”W ALONG THE NORTH LINE OF LOT ONE (1), BLOCK ONE (1) OF SHAWNEE MALL SUBDIVISION, SECTION TWO (2), FOR A DISTANCE OF 988.72 FEET; THENCE N00º01’15”E ALONG THE EAST LINE OF LOT ONE (1), BLOCK ONE (1) OF SHAWNEE MALL SUBDIVISION, SECTION TWO (2), FOR A DISTANCE OF 423.60 FEET; THENCE CONTINUING N00º01’15”E FOR A DISTANCE OF 749.74 FEET TO A POINT ON THE NORTH LINE OF THE NW/4 OF SECTION 31; THENCE N89º39’12”E ALONG THE NORTH LINE OF SAID NW/4 FOR A DISTANCE OF 770.25 FEET TO THE POINT OF BEGINNING, CONTAINING 55.50 ACRES, MORE OR LESS, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF REZONING SAID PROPERTY FROM A-1; RURAL AGRICULTURAL DISTRICT TO C-3; AUTOMOTIVE AND COMMERCIAL DISTRICT AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 7-0.

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

AGENDA ITEM NO. 5: Public hearing and consideration of an ordinance to rezone property located at 1500 East Independence Street from A-1; Rural Agricultural District to R-1; Single Family Residential District.
Case No. P04-15; Applicant: Landes Engineering LLC

Staff report was given by Justin Debruin. He reported that the Planning Commission and city staff recommend approval of this requested rezoning.
Mayor Mainord declared a public hearing in session to consider an ordinance to rezone property located at 1500 East Independence Street from A-1; Rural Agricultural District to R-1; Single Family Residential District. A representative with Landes Engineering spoke regarding Agenda Item Nos. 5 and 6. 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 located at 1500 East Independence Street from A-1; Rural Agricultural District to R-1; Single Family Residential District.

Ordinance No. 2560NS 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 DESCRIBED AS BEGINNING 660 FEET N89º43’27”E OF THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SW/C SE/4) OF SECTION EIGHT (8), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE N00º16’33”W A DISTANCE OF 1314.50 FEET TO A POINT ON THE NORTH LINE OF THE S/2 SE/4; THENCE N89º19’27”E A DISTANCE OF 397.66 FEET; THENCE S00º16’33”E A DISTANCE OF 1314.50 FEET; THENCE S89º43’27”W A DISTANCE OF 397.66 FEET TO THE POINT OF BEGINNING TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF REZONING SAID PROPERTY FROM A-1; RURAL AGRICULTURAL DISTRICT TO R-1; SINGLE FAMILY RESIDENTIAL DISTRICT AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 6-1.

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

AGENDA ITEM NO. 6: Consider approval of a Preliminary Plat for Tamarack the Village located on the Northeast Corner of Independence and Elm Street.
Case No. #S04-15; Applicant: Landes Engineering LLC

A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve the preliminary plat for Tamarack the Village located on the Northeast Corner of Independence and Elm Street with the following conditions:

1. Final construction documents must be approved by the City Engineer concurrent with Final Plat approval.
2. The final engineered drainage plan must be approved by the City Engineer concurrent with Final Plat approval.
3. A six (6') foot sidewalk shall be required along Independence Street.
4. A limits-of-no-access shall be placed along Independence Street as to allow no further access drives beyond the one.
5. All Conditions and items listed in Exhibit 2 must be met before Final Plat approval.
6. All other applicable City standards apply.

Motion carried 6-1.

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

AGENDA ITEM NO. 7: Consider approval of a Final Plat for Golden Acres Cottages II located on West MacArthur Street between Leo Street and Ellis Drive, Shawnee, Oklahoma.
Case No. #S02-15; Applicant: The Land Run Group, LLC

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

1. Final construction documents must be approved by the City Engineer prior to construction.
2. The final engineered drainage plan must be approved by the City Engineer prior to construction.
3. Public improvements shall be installed or otherwise bonded for prior to recording of the Final Plat.
4. A six (6') foot sidewalk shall be installed along MacArthur Street prior to recording of the Final Plat.
5. All other applicable City standards apply.

Motion carried 7-0.

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

AGENDA ITEM NO. 8: Consider approval of a Preliminary Plat for Shawnee Auto Mall Addition located on Shawnee Mall Drive east of Union Street.
Case No. #S03-15; Applicant: Landes Engineering LLC

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve the preliminary plat for Shawnee Auto Mall Addition located on Shawnee Mall Drive east of Union Street with the following conditions:

1. Final construction documents must be approved by the City Engineer concurrent with Final Plat approval.
2. The final engineered drainage plan must be approved by the City Engineer concurrent with Final Plat approval.
3. Landscape Plans will be required concurrent with Final Plat approval.
4. A six (6') foot sidewalk shall be required along Shawnee Mall Drive.
5. All Conditions and concerns listed in Exhibit 2 must be met before Final Plat approval.
6. All other applicable City standards apply.

Motion carried 6-1.

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

AGENDA ITEM NO. 9: Discussion, consideration and possible action of a resolution approving an amended and restated trust indenture for the Oklahoma Municipal Retirement Fund, providing amendments to the trust to authorize daily valuations and daily accounting for assets within the Master Defined Contribution Plans administered by the Oklahoma Municipal Retirement Fund; providing for daily valuation of participant accounts in the Defined Contribution plans administered by Oklahoma Municipal Retirement fund and proving procedures and rules for accounting of such assets; providing for effective date of amended and restated trust indenture and continuing existing trust as amended in full force and effect.

Resolution No. 6490 was introduced.

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SHAWNEE APPROVING AN AMENDED AND RESTATED TRUST INDENTURE FOR THE OKLAHOMA MUNICIPAL RETIREMENT FUND; PROVIDING AMENDMENTS TO THE TRUST TO AUTHORIZE DAILY VALUATIONS AND DAILY ACCOUNTING FOR ASSETS WITHIN THE MASTER DEFINED CONTRIBUTION PLANS ADMINISTERED BY OKLAHOMA MUNICIPAL RETIREMENT FUND; PROVIDING FOR DAILY VALUATION OF PARTICIPANT ACCOUNTS IN THE DEFINED CONTRIBUTION PLANS ADMINSTERED BY OKLAHOMA MUNICIPAL RETIREMENT FUND AND PROVIDING PROCEDURES AND RULES FOR ACCOUNTING OF SUCH ASSETS; PROVIDING FOR EFFECTIVE DATE OF AMENDED AND RESTATED TRUST INDENTURE AND CONTINUING EXISTING TRUST AS AMENDED IN FULL FORCE AND EFFECT.

Human Resources Director, Tammy Johnson, gave a staff report. Jodi Cox with Oklahoma Municipal Retirement Fund (OMRF) gave a summary of the proposed changes.

A motion was made by Commissioner Dykstra, seconded by Commissioner Vogel, to approve a resolution approving an amended and restated trust indenture for the Oklahoma Municipal Retirement Fund, providing amendments to the trust to authorize daily valuations and daily accounting for assets within the Master Defined Contribution Plans administered by the Oklahoma Municipal Retirement Fund; providing for daily valuation of participant accounts in the Defined Contribution plans administered by Oklahoma Municipal Retirement fund and proving procedures and rules for accounting of such assets; providing for effective date of amended and restated trust indenture and continuing existing trust as amended in full force and effect. Motion carried 7-0.

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

AGENDA ITEM NO. 10: Discussion, consideration and possible action of Visit Shawnee Incorporated (VSI) contract.

Commissioners Dykstra and Agee spoke regarding their recent meeting with VSI representatives and presented the proposed agreement. Commissioner Hall listed items of concern that are still contained in the proposed contract. Those items include lowering the spending limit for unbudgeted items, changing the termination date of the contract in the event either party wishes to end the partnership, adding a “conflict of interest” clause to the contract and requiring that all VSI board meetings be held in the City of Shawnee. It was later noted that the contract had been amended to show that all meetings would be held “locally”.
After discussion among the Commissioners, VSI representative Randy Gilbert spoke to the Commission. Mr. Gilbert indicated that the VSI board is willing to move tourism forward either by contract with the City of Shawnee or by supporting the City should they decide to bring tourism in-house.
A motion was made by Commissioner Dykstra, seconded by Commissioner Hall, to authorize staff to prepare a final draft contract to be presented to the VSI board with the following changes: Notice of cancellation of contract to be changed to 90 days (from 180 days) and to clean up the language as it relates to this item. Unbudgeted spending without City Commission approval to be $5,000.00 for goods and $10,000.00 services (from $10,000 and $20,000 respectively), and add a conflict of interest provision. Motion carried 7-0.

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

AGENDA ITEM NO. 11: Acknowledge Sales Tax Report received March 2015.

Cynthia Sementelli, Finance Director, reported that March sales tax collected this month was $1,292,781.00. Compared to last year's it is up 2.14% and flat from 2013.

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

a. Boy Scout Park Splash Pad Project (Open)

BIDDER AMOUNT

Sagemill Construction $341,244.00
Meeker, OK

C3 Construction $148,364.00
Ada, OK

City Engineer John Krywicki read the bids into the record and announced that two bids were received. Staff requested to award the bid to C3 Construction of Ada, Oklahoma in the total amount of $148,364.00 contingent upon review.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to accept staff’s recommendation and award the bid to C3 Construction in the total amount of $148,364.00 contingent upon review. Motion carried 7-0.

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

b. Boy Scout Restroom Project (Open)

BIDDER AMOUNT

Sagemill Construction $115,544.00
Meeker, OK

C3 Construction $106,672.00
Ada, OK

Oklahoma Construction LLC $79,982.00
Shawnee, OK

Operations Director 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.
A motion was made by Commissioner Dykstra, seconded by Vice Mayor Harrod, to defer the bid award to the April 6, 2015 City Commission meeting. Motion carried 7-0.

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

c. Auditorium HVAC Design (Open)

QUALIFICATIONS RECEIVED FROM

Fosdick & Hilmer Consulting Engineers
Norman, OK

Director of Operations James Bryce announced the firm who provided request for qualifications. He asked that staff be allowed to review the qualifications and negotiate a contract which will be presented to the Commission for approval at a future meeting.
A motion was made by Commissioner Dykstra, seconded by Vice Mayor Harrod, to defer the design award to the April 6, 2015 City Commission meeting. Motion carried 7-0.

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

Commissioner Hall thanked Commissioners Agee and Dykstra for the time and effort spent working on the VSI contract.

Commissioner Shaw stated the following: 1) She recently met with Mr. Bill Ford regarding the proposed Veterans Museum. Efforts are being made to work out an agreement with the Veterans group and the people currently using the auditorium; 2) She is concerned about the drought management plan recently adopted; she reminds people to be vigilant with our water and its availability; 3) Regarding the City Manager search, she asked that everyone interested be kept informed and involved in the search; 4) She stated that Dr. Moore should have kept the students and their families in mind when deciding the venue for the Shawnee High school graduation.

Commissioner Dykstra stated that the City did a good job with the recent snow removal, however, the weather has left potholes on the streets, especially MacArthur Street.
He also reminded that the Japanese Sister Cities delegation will be arriving next week and encouraged Commissioners to welcome them.

Vice Mayor Harrod said he will not comment on the Shawnee High School graduation. He does not want to second guess Dr. Moore.

Commissioner Agee reminded everyone about the 3rd Friday event in downtown Shawnee on March 20th. Entertainment and food will be provided and businesses will be open late until 8:00 p.m.

Mayor Mainord said that the Trash-Off Day is April 18, 2015. Participants will be assigned to roads and/or areas where debris needs to be cleaned up.
He also requested recommendations from the Commission for a position that is open on the Beautification Committee.
Health Week begins on May 23, 2015 which will include the Municipal Pool grand opening as well as the Boy Scout Splash Pad. Events are being planned and will be sponsored by the Avedis Foundation.

AGENDA ITEM NO. 15: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (8:44 p.m.)


WES MAINORD, MAYOR

ATTEST:


_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK


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