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Date: 8/17/2015Board: City CommissionDocumentType: MinutesWeb Posted: 9/9/2015 1:26:53 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
AUGUST 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, Monday, August 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

Vacant Linda Agee Commissioner Ward 1 Commissioner Ward 2

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

Lesa Shaw Absent Commissioner Ward 5 Commissioner Ward 6

ABSENT: Micheal Dykstra
INVOCATION The Lords Prayer
FLAG SALUTE Led by Vice Mayor Harrod

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

1. Consider approval of Consent Agenda:

a. Minutes from the August 3, 2015 regular meeting.

b. Acknowledge the following reports and minutes:
License Payment Report for July 2015
Project Payment Report for July 2015
Shawnee Civic and Cultural Development Authority Minutes from April 16, 2015
Planning Commission Minutes from June 3, 2015

c. Approve contract with Shawnee Urban Renewal Authority (SURA) for rent of property at 227 North Broadway for FY2015-2016.

d. Authorize staff to approve amendment to tower site lease with T-Mobile.

e. Authorize staff to advertise for bids for the Main Street Streetscape project.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve Consent Agenda Item No. 1(a-e). Motion carried 5-0.

AYE: Harrod, Hall, Shaw, Agee, Mainord
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: Discuss and consider setting one or more special call meetings with regard to:

a. Park Master Plan; and

b. Workshop to discuss to city projects, goals, long term needs, and funding options.

After discussion, Commissioners set a special call meeting for the presentation, discussion and consideration of the Parks Master Plan for Monday, August 31, 2015 at 6:30 p.m.

COMMISSIONER DYKSTRA ARRIVES AT 6:40 P.M.

A special call meeting was also scheduled for Monday, September 14, 2015 at 6:00 p.m. The purpose of this meeting will be to discuss future City projects.

AGENDA ITEM NO. 4: Consideration of approval of a Preliminary Plat for Shawnee Auto Mall located on Shawnee Mall Drive, east of Union Street. Case #S09-15 Applicant: Huitt-Zollars, Inc.

Staff report was given by Justin DeBruin, Community Development Director, stating that staff and the Planning Commission recommends approval of the preliminary plat for Shawnee Auto Mall located on Shawnee Mall Drive, east of Union Street.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve the preliminary plat for Shawnee Auto Mall 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 engineering 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. Approval by the commission of variance allowing the cul-de-sac length to exceed five-hundred (500) feet per Section 40.2.1 note (2).
a. A cul-de-sac shall not exceed five hundred (500) feet in length, measured from the nearest street right-of-way line to the outer curb line of the cul-de-sac.
5. All other applicable City standards apply.

Motion carried 6-0.

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

AGENDA ITEM NO. 5: Discussion, consideration and possible action to approve Collective Bargaining Agreement with IUPA (police).

A staff report was given by City Manager Justin Erickson, stating that staff recommends approval of the Collective Bargaining Agreement with the International Union of Police Associations (IUPA
A motion was made by Commissioner Hall, seconded by Commissioner Dykstra, to approve Collective Bargaining Agreement with IUPA (police). Motion carried 6-0.

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

AGENDA ITEM NO. 6: Acknowledge Sales Tax Report received August 2015.

Cynthia Sementelli, Finance Director, reported that August sales tax collected this month was $1,588,410.00, which is up 10.90% from 2014 and up 8.3% from 2013.

AGENDA ITEM NO. 7: City Manager Update

City Manager Justin Erickson spoke about the first season of Shawnee Splash. He noted the swimming season is winding down with just under 29,000 visitors this summer. Mr. Erickson stated that Dollar Days at the pool have been very successful with over 1,000 attendees each Wednesday. He noted the limited hours of operation on Saturdays only until Labor Day.
Regarding Fire Station No. 2, Mr. Erickson reported that phase one of the mold removal has been completed. Architects will be brought in to determine a long-term fix. The Engineering Dept. will devise a plan for grading and drainage near the building.

AGENDA ITEM NO. 8: 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. 9: Commissioners Comments

Commissioner Shaw stated her appreciation to staff for providing Dollar Days at Shawnee Splash.
She further reminded everyone that the Pioneer Library has many things to offer to everyone, regardless of age.
Commissioner Shaw also welcomed Aldi to Shawnee and stated it will offer a lot to the public. She expressed hesitance about shopping there because of the shopping cart system they use.
Commissioner Dykstra thanked Mary Ann Karns, Tammy Johnson and Cindy Sementelli for their involvement with the IUPA agreement.

Commissioner Agee mentioned that she thinks the traffic being generated by Shawnee Marketplace will be good for all of Shawnee. She hopes that it will drive business south to the downtown Shawnee area as well.

Vice Mayor Harrod stated he was incorrect on a statement he made during the last City Commission meeting. He stated that a Countywide News reporter provided him with the correct information.

Mayor Mainord reported that a friend asked students in three different classes at Horace Mann Elementary School if they had been to the Shawnee Splash pool or the new splash pad at Boy Scout Park this summer. He stated that only two children from those classes had not been to either park.

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE AIRPORT AUTHORITY AND SHAWNEE MUNICIPAL AUTHORITY (7:09 P.M.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (7:13 P.M.)

AGENDA ITEM NO. 10: Consider an Executive Session to discuss the evaluation and consideration of contract of the City Attorney 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 Shaw, to enter into Executive Session to discuss the evaluation and consideration of contract of the City Attorney 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, Shaw, Dykstra, Agee, Mainord, Hall
NAY: None

AGENDA ITEM NO. 11: Consider an Executive Session for discussion and possible action on litigation pending against the City of Shawnee by Rhonda Dennie Godwin (Case number WCC#: 2005-13305L) as authorized by 25 O. S. 307(B)(4) on the recommendation of counsel that public discussion would impair the ability of the City Attorney to adequately defend the City.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to enter into Executive Session for discussion and possible action on litigation pending against the City of Shawnee by Rhonda Dennie Godwin (Case number WCC#: 2005-13305L) as authorized by 25 O. S. 307(B)(4) on the recommendation of counsel that public discussion would impair the ability of the City Attorney to adequately defend the City. Motion carried 6-0.
AYE: Harrod, Dykstra, Agee, Mainord, Hall, Shaw
NAY: None

COMMISSION ENTERED INTO EXECUTIVE SESSION AT 7:14 P.M. WITH ALL MEMBERS PRESENT.
COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 8:15 P.M. WITH ALL MEMBERS PRESENT

AGENDA ITEM NO. 12: Consider matters discussed in Executive Session regarding discussion of evaluation and consideration of contract of the City Attorney 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 Agee, to table this item until the next City Commission meeting on September 8, 2015, to allow Mayor Mainord and Commissioner Agee to meet and discuss the terms of the contract of the City Attorney. Motion carried 5-1.

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

AGENDA ITEM NO. 13: Consideration and possible action on matters discussed in Executive Session regarding litigation pending against the City of Shawnee by Rhonda Dennie Godwin (Case No. WCC#: 2005-13305L) as authorized by 25 O. S. 307(B)(4) on the recommendation of counsel that public discussion would impair the ability of the City Attorney to adequately defend the City.

A motion was made by Commissioner Hall, seconded by Commissioner Harrod, to authorize the attorneys to proceed within the bounds discussed in Executive Session. Motion carried 5-1.

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

AGENDA ITEM NO. 14: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (8:18 p.m.)
WES MAINORD, MAYOR
ATTEST:

PHYLLIS LOFTIS, CMC, CITY CLERK

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