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Date: 10/6/2014Board: City CommissionDocumentType: MinutesWeb Posted: 11/5/2014 3:09:22 PM
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A M E N D E D
BOARD OF CITY COMMISSIONERS PROCEEDINGS
OCTOBER 6, 2014 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, October 6, 2014 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 Rev. Amy Busse
United Presbyterian

FLAG SALUTE Vice Mayor Harrod

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 6-1.

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

Commissioner Shaw requested to amend the Agenda to suspend the rules for Citizens Participation. She requested that the three minute time limit be extended to be more flexible, with an overall time for each topic to be twenty minute. A motion was made by Commissioner Shaw, seconded by Commissioner Dykstra, to amend the rules for Citizens Participation and allow more time, not to exceed twenty minutes, per topic. Motion failed 3-4.

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

AGENDA ITEM NO. 2: Consider approval of Consent Agenda:

a. Minutes from the September 15, 2014 regular meeting and September 29, 2014 special call meeting

b. Acknowledge the following minutes:
• Traffic Commission minutes from the July 22, 2014 meeting

c. Traffic Commission Recommendations

A. Consideration of request by Simona Gonzales, to install a street light on the existing pole across from 310 South Osage.

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

B. Consideration of request by Claude Duck, to install a street light at the northeast corner of Federal Bridge.

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

d. Authorize staff to request proposals for Fire Department assessment.

e. Acknowledge resignation of David W. Harmon from the Shawnee Civic and Cultural Development Authority

f. Mayor’s Appointments:
Shawnee Civic and Cultural Development Authority

Rachael Monroe 1st Partial Term Expires 12/31/2015
Replaces David W. Harmon - Resigned

A motion was made by Commissioner Hall, seconded by Commissioner Dykstra, to approve the Consent Agenda Item Nos. 2(a-f). Motion carried 7-0.

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

AGENDA ITEM NO. 3: Commissioners Comments

The Mayor said that free trees are available at the Shawnee Airport on October 16, 2014.

Commissioner Hall reported that he has received good comments about the fly-in at Shawnee Regional Airport this past weekend.
Commissioner Hall also stated that he would like to see the City address and publish the facts surrounding the Citizen Potawatomi Nation. He said that the local weekly newspaper does not print the complete facts.

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

Citizen Potawatomi Chairman John Barrett handed out copies of a letter from the United States Department of the Interior and a Supreme Court finding regarding Michigan vs. Bay Mills Indian Tribe. He stated that Indian tribes cannot be sued for purposes of taxation, a fact which has been affirmed countless times. He asked respectfully for the City to drop the action regarding sales tax.

Mr. Frank Oliver stated he has concerns about the deannexation south of the river. His main concerns were focused on water supply and quality. He said other property owners are concerned too.

Ms. Evonne Johnson asked that the council reconsider their vote of September 22, 2014. She said it has divided a community.

Ms. Edwina Butler Wolf, Governor of Absentee Tribe, stated that Chairman Barrett had presented good information to the Commission. She stated that all parties need to come together and stop wasting time and effort. She also stated that the tribes will stick together on the issue of taxation.

Chairman John Barrett spoke again regarding an item on the Shawnee Municipal Authority agenda. He stated the City of Shawnee is trying to exert jurisdiction where they do not have jurisdiction. He stated that City water services had been denied them when the City’s Engineering Department would not allow other businesses to tie onto the waterline.

AGENDA ITEM NO. 5: Mayor’s Proclamations:

“Family Promise Week”
October 12-18, 2014

DeeAnn Schroyer accepted the Mayor’s Proclamation for “Family Promise Week” presented by Mayor Mainord.

AGENDA ITEM NO. 6: Presentation by City Manager to Employee of the Month, Fred Treiber, Airport.

Fred Treiber was present to accept the Employee of the Month Certificate presented by City Manager Brian McDougal.

AGENDA ITEM NO. 7: Consider a resolution of appreciation to Tom Pringle for over twenty-nine years of service to the City of Shawnee and presentation to Tom Pringle.

Resolution No. 6479 was introduced.

A RESOLUTION EXPRESSING APPRECIATION TO THOMAS “TOM” L. PRINGLE FOR OVER 29 YEARS OF LOYAL SERVICE TO THE CITY OF SHAWNEE, OKLAHOMA; DIRECTING THAT SAID RESOLUTION BE SPREAD UPON THE OFFICIAL RECORDS OF THE CITY OF SHAWNEE, OKLAHOMA; AND AUTHORIZING A COPY BE PRESENTED TO THOMAS L. PRINGLE.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to approve a resolution of appreciation to Tom Pringle for over twenty-nine years of service to the City of Shawnee and presentation to Tom Pringle. Motion carried 7-0.

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

Tom Pringle was present to accept Resolution No. 6479 presented by Police Chief Russell Frantz.

AGENDA ITEM NO. 8: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Defined Contribution Plan for Greg Price.

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

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

AGENDA ITEM NO. 9: Discussion, consideration and possible action regarding the setting of City standards for campaign finance reporting.

Vice Mayor Harrod had questions regarding current rules governing campaign reporting and upcoming changes by the State that might affect municipal reporting requirements. He also asked what can be done to enforce campaign finance reporting. City Attorney Mary Ann Karns stated there is no current local law and the process is covered by state law. She said the cities have no authority to enforce, only the district attorney. However, there will be changes in November from the state legislature. She will keep Commissioners informed as to the upcoming changes.

No action taken.

AGENDA ITEM NO. 10: Consider request for additional funding for the Veterans Memorial located in Woodland Veterans Park. (Deferred from September 15, 2014 City Commission meeting.)

City Manager Brian McDougal gave an overview of the history the funding of the Veterans Memorial at Woodland Veterans Park. He recommended the City budget $13,000.00 per year to get to goal of $40,000.00 while the Veterans Memorial Group raises the remaining money.
Commissioner Agee said that the community is proud of the park. She asked if Visit Shawnee, Inc. could help fund it as a tourist destination.
Commissioner Shaw asked that City staff review the budget and look at sales tax increases as a possible funding source; she also agreed with Commissioner Agee that Visit Shawnee, Inc. should be asked to contribute toward the project.
It was also suggested that city staff help the Veterans group with the plan of action and Commissioner Agee suggested looking at budget trends toward the middle of the current budget year to see if funds may be available at that time.

No action taken.

AGENDA ITEM NO. 11: Discussion regarding City’s Comprehensive Plan and Capital Improvement Plan Update.

Commissioner Shaw stated she had looked at the age of the plan and would like to create a better developmental plan.
Community Development Director Justin Erickson gave a general overview of the plan, noting it was adopted in May 2005. At that time, no detailed Capital Improvements Plan (CIP) was included with the Comprehensive Plan. The CIP is a list of projects with costs estimated in excess of $100,000.00 million dollars. However, long term needs should be determined and funding mechanisms need to be identified for the most critical projects on the list. Mr. Erickson stated that the Comprehensive Plan will be updated within the next year or two. He noted that a Commission Retreat scheduled for November should allow Commissioners input on capital projects in time to be included in next year’s budget.

AGENDA ITEM NO. 12: Consider an Executive Session for discussion of matters relating to sales tax enforcement as authorized by 25 O.S. §307(B)(4).

A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to enter into Executive Session for discussion of matters relating to sales tax enforcement as authorized by 25 O.S. §307(B)(4). Motion carried 7-0.

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

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE AIRPORT AUTHORITY AND SHAWNEE MUNICIPAL AUTHORITY (7:25 P.M.)

COMMISSION ENTERED INTO EXECUTIVE SESSION AT 7:40 P.M. WITH ALL MEMBERS PRESENT.

COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 9:20 P.M. WITH ALL MEMBERS PRESENT

AGENDA ITEM NO. 13: Consider matters discussed in Executive Session regarding matters relating to sales tax enforcement as authorized by 25 O.S. §307(B)(4).

See Agenda Item No. 14 below.

AGENDA ITEM NO. 14: Discussion, consideration and possible action to provide for budget modification reducing account number 5-0130-5304, Legal Services, Dept. 130, City Attorney budget by one hundred thousand dollars ($100,000); to terminate agreement with Modrall Sparling; to make action effective immediately.

A motion was made by Commissioner Shaw, seconded by Commissioner Hall, to take no further action against the tribal corporations and governments, to terminate the agreement with Modrall Sperling and decrease the City Attorney’s budget by $100,000.00. Motion carried 6-1.

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

AGENDA ITEM NO. 15: Discussion, consideration and possible action regarding potential conflict of interest between commission members and Citizen Potawatomi Nation, including retention of outside counsel to investigate and render opinion to the Commission.

Commissioner Hall stated that he is receiving calls from citizens regarding potential conflicts of interest. He stressed that this issue has nothing to do with tribal relations. He stated that civic leaders have asked him about potential conflicts of interest because Commissioner Shaw’s husband works for Citizen Potawatomi Nation. Commissioner Hall said he is seeking clarification in that regard.
Commissioner Shaw requested that the item be amended to reflect all City Commissioners and their property ownership and business enterprises, not only tribal affiliations. Commissioner Hall agreed with Commissioner Shaw.
There was more discussion among Commissioners regarding whether independent counsel should be hired to determine conflicts of interest issues, or whether the City’s attorney would make the determination. Also discussed is the difference between direct and indirect conflicts of interest.
A motion was made by Commissioner Shaw, seconded by Commissioner Hall, to direct the City Attorney to determine, on a case by case basis, if there are any conflicts of interest with any of the sitting Commissioners.
Before a vote was taken, Commissioner Hall requested to amend the motion to change the motion from a “case by case” basis, to direct the City Attorney to explore and advise each sitting Commissioner if such a conflict currently exists.
A motion was made by Commissioner Shaw, seconded by Commissioner Harrod, to direct the City Attorney to determine if there are any conflicts of interest with any of the sitting Commissioners and to advise each City Commissioner accordingly. Motion carried 6-1.

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

AGENDA ITEM NO. 16: 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. 17: Administrative Reports, including, but not limited to:
a. Wayfinding Signage – Justin Erickson, Community Development
b. Avedis Trails Project – Justin Erickson, Community Development
c. Heating & Air for Municipal Auditorium – James Bryce, Director of Operations

a. Wayfinding Signage – Community Development Director, Justin Erickson, reported that the Wayfinding study started in 2006. He anticipated that it will be implemented in mid-2015. Additional funding will be provided by Visit Shawnee, Inc.
b. Avedis Trails Project – Community Development Director, Justin Erickson, handed out maps showing proposed sidewalk and trails improvements. He noted that Phase II of the project is anticipated to begin this time next year.
c. Heating & Air for Municipal Auditorium – Direct of Operations, James Bryce, reported that there is currently over $400,000.00 set aside in the budget for the heating and air for the municipal auditorium. Additional funds will be requested for the FY2015-16 budget year, which will fully fund the project and allow for work to begin next year.

AGENDA ITEM NO. 18: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (10:07 p.m.)


WES MAINORD, MAYOR

ATTEST:


_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK

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