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Date: 10/19/2015Board: City CommissionDocumentType: MinutesWeb Posted: 11/4/2015 8:14:00 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
OCTOBER 19, 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, October 19, 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 Lord’s Prayer

FLAG SALUTE Led by Commissioner Hall

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

1. Consider approval of Consent Agenda:

a. Minutes from the October 5, 2015 regular meeting.

b. Acknowledge the following minutes and reports:
• License Payment Report for September 2015
• Project Payment Report for September 2015
• Shawnee Urban Renewal Authority Minutes from July 7, 2015 and September 9, 2015 meetings
• Planning Commission Minutes from September 2, 2015

c. Lake Lease Renewals/Transfers:

RENEWALS:
• Lot 1 Roewe Tract, 15511 Perry Rd.
Lessees: Raymond and Jennifer Burrell
• Lot 3 Johnston Tract, 16808 Magnino Rd.
Lessee: Lonnie Cox
• Lot 5 Coffman Tract, 15309 Perry Rd.
Lessee: William Holloway
• Lot 1 Magnino A Tract, 17300 Magnino Rd.
Lessees: Elmer and Brenda Lucas
• Lot 1 Coffman Tract, 15407 Perry Rd.
Lessees: Stanley and Jacqueline Mills
• Lot 3 Coffman Tract, 15403 Perry Rd.
Lessees: Charles and Marilyn Moore
• Lot 10 Magnino A Tract, 17236 Magnino Rd.
Lessee: Alene Topping
• Lot 4 Magnino A Tract, 17100 Magnino Rd.
Lessee: Mark White

d. Authorize staff to solicit proposals for the following:
(1) Snow and Ice removal assistance from city streets;
(2) Debris removal assistance; and
(3) Debris removal monitoring.

e. Mayor’s Appointments:

Shawnee Public Library Board
Robert Currie – 1st Full Term Expires 06/30/2017
Re-appointment

f. Acknowledge City of Shawnee Holiday Schedule for 2016.

g. Approve Change Order No. 1 for Shawnee Splash Project.

Commissioner Shaw requested that Agenda Item Nos. 1(f) and (g) be pulled for separate consideration.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Shaw, to approve Consent Agenda Item Nos. 1(a-e), less items (f) and (g). Motion carried 5-0.

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

Regarding Agenda Item No. 1(f), Commissioner Shaw asked for clarification of the December 23 and December 26, 2016 holidays. City Manager Justin Erickson explained that since Christmas Eve and Christmas Day occur on Saturday and Sunday in 2016, it is the city’s policy to give the employees the Friday and Monday as their recognized Christmas holiday.
A motion was made by Commissioner Shaw, seconded by Commissioner Hall, to approve Consent Agenda Item No. 1(f). Motion carried 5-0.

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

Regarding Agenda Item No. 1(g), Commissioner Shaw questioned the difference in the overhead, mark-up and “for profit” costs listed in the change orders. She asked if these were negotiated costs. Director of Operations James Bryce explained the process that was followed on this project. Commissioner Shaw requested that we develop a plan to review overhead and for-profit costs for consistency in the change orders.

A motion was made by Commissioner Shaw, seconded by Commissioner Hall, to approve Consent Agenda Item No. 1(g). Motion carried 5-0.

AYE: Shaw, Hall, Agee, Harrod, 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: Presentation by Safe Events For Families regarding the Annual Christmas Parade.

Dale Kerbs with Safe Events for Families gave a presentation regarding the Annual Christmas Parade. The theme this year is Christmas Through the Eyes of a Child. Mayor Mainord was asked by Mr. Kerbs to draw the name of a Shawnee school from a Santa hat. It was explained that the school selected will then hold a contest to select a child that will get to ride with Santa Clause during the Christmas Parade. Sequoyah School was selected from the drawing by Mayor Mainord.

COMMISSIONER DYKSTRA ARRIVED AT 6:41 P.M.

AGENDA ITEM NO. 4: A public hearing and consideration of an ordinance to rezone with a Conditional Use Permit for property located at 1101 West 45th Street from A-1; Rural Agricultural to A-1; Rural Agricultural with Conditional Use Permit. Case No. #P14-15 Applicants: Kenneth and Donna Massey (Deferred by Planning Commission to the November 4, 2015 Planning Commission meeting.)

Staff advised that the applicants withdrew their application. No action was taken.

AGENDA ITEM NO. 5: Consideration of an ordinance amending the Shawnee Municipal Code to prohibit texting while driving.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to approve an ordinance amending the Shawnee Municipal Code to prohibit texting while driving.

Ordinance No. 2576NS was introduced.

AN ORDINANCE ADDING TO CHAPTER 19 ARTICLE IV, OPERATION OF VEHICLES, OF THE CODE OF ORDINANCES OF THE CITY OF SHAWNEE, OKLAHOMA, A NEW SECTION TEXTING WHILE DRIVING; PROHIBITING TEXTING WHILE DRIVING IN COMPLIANCE WITH STATE LAW; PROVIDING PENALTY; PROVIDING EXCEPTIONS; DEFINITIONS; AND PROVIDING FOR CODIFICATION; REPEALER AND SEVERABILITY.

Motion carried 5-1.

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

Ordinance No. 2576NS was adopted by the City Commission.

AGENDA ITEM NO. 6: Consideration of an ordinance amending the Shawnee Municipal Code prohibiting certain conduct during a declared emergency.

A motion was made by Commissioner Hall, seconded by Commissioner Agee, to approve an ordinance amending the Shawnee Municipal Code prohibiting certain conduct during a declared emergency.

Ordinance No. 2577NS was introduced.

AN ORDINANCE AMENDING AND REPEALING PORTIONS OF CHAPTER 11 OF THE SHAWNEE MUNICIPAL CODE, SETTING FORTH ACTS WHICH MAY BE PROCLAIMED PROHIBITED IN THE EVENT OF AN EMERGENCY; SETTING PENALTY THEREFORE; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND DECLARING AN EMERGENCY.

Motion carried 6-0.

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

A motion was made by Commissioner Hall, seconded by Commissioner Agee, to approve emergency clause relating to Ordinance No. 2577NS. Motion carried 6-0.

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

Ordinance No. 2577NS was adopted by the City Commission.

AGENDA ITEM NO. 7: Discussion, consideration and possible action for the retention of counsel in Circle D Pawn No. 4, Inc., et al. v City of Shawnee, et al., United States District Court for the Western District of Oklahoma, Case No. CIV-15-805-F.

A staff report was given by Mary Ann Karns, City Attorney who provided a history of the case. The case was originally defended by Oklahoma Municipal Assurance Group (OMAG), who retained Stephen Geries and David Lee to defend. Since the liability issue has been resolved, OMAG will no longer provide legal representation. Due to Mr. Geries and Mr. Lee’s previous research and involvement in the case, it is staff’s recommendation to retain them to continue the representation in the other issues that remain pending in the case.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve staff to hire the firm Collins Zorn & Wagner, P.C. and for City Attorney Mary Ann Karns to oversee the expenditures. Motion carried 5-1.

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

AGENDA ITEM NO. 8: Acknowledge Sales Tax Report received October 2015.

Cynthia Sementelli, Finance Director, reported that October sales tax collected this month was $1,545,244.93, which is up 8.14% from 2014 and up 5.7% from 2013. Ms. Sementelli also provided information regarding the different sales tax revenue classifications established by the Oklahoma Tax Commission.

AGENDA ITEM NO. 9: City Manager Update

City Manager Justin Erickson gave updates on the following city issues:

a) Staff is moving ahead with the repair of Fire Station No. 2 on Bryan Street. Formal Requests for Qualifications have been sent out and will close at the end of the month. Staff will interview those submitting qualifications and will then provide the City Commission with a recommendation. He estimated that the entire project will take approximately one year to complete.

b) The old Fire Station No. 2 on Main Street is being readied to make it operational for use during the time the Bryan Street station is out of service.

c) Shawnee Public Schools was awarded a large grant from the Avedis Foundation for middle school projects. Included in the grant is building a sidewalk south of the school on Union Street. The City will partner with the school system on this project. It is estimated that the sidewalk may be ready at the beginning of school next August.

d) O.G. & E. has begun installation of lights around the Airport Trail.

In response to questions from Commissioners Mr. Erickson addressed the following issues as well.

a) The Bryan Street sidewalk project is almost complete. A sidewalk will soon be installed on Independence Street from Bryan to Sequoyah School.
b) Regarding the history of the Christmas Snowflakes decorations, he explained that the snowflakes were purchased by individuals or commercial businesses many years ago. He will investigate the possibility of adding additional snowflake decorations.

AGENDA ITEM NO. 10: 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. 11: Commissioners Comments

Commissioner Hall noted that Kickapoo Street construction is looking good. He mentioned that there is still some gaps in the sidewalk in front of Shawnee Market Place.

Commissioner Shaw asked about the status of automobile dealership project next to KFC on Mall Drive. Mr. Erickson said that the project is back on track and that spring rains delayed the project.
Commissioner Shaw asked for staff to provide a three year trend showing the percentages of retail sales within different sections of the City.
Commissioner Shaw also explained her no vote on the texting while driving ordinance considered in Agenda Item No. 5. She said that she believes that more structure is needed in the ordinance.

Commissioner Agee announced that the Shawnee Beautification Committee is a Keep Oklahoma Beautiful finalist for their annual Gardening with the Experts conference and the Shawnee Chamber of Commerce Downtown Task Force is a finalist in the Keep Oklahoma Beautiful Paint Day contest. Winners will be announced November 30th.

AGENDA ITEM NO. 12: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (7:39 p.m.)

WES MAINORD, MAYOR
ATTEST:

PHYLLIS LOFTIS, CMC, CITY CLERK

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