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Date: 11/2/2015Board: City CommissionDocumentType: MinutesWeb Posted: 11/17/2015 3:20:26 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
NOVEMBER 2, 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, November 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

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 The Lord’s Prayer

FLAG SALUTE Led by Commissioner Dykstra

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 Airport Authority Agenda Item No. 2.

b. Minutes from the October 19, 2015 regular meeting and October 5, 2015 Special Call meeting.

c. Acknowledge the following minutes:
• Shawnee Civic and Cultural Development Authority Minutes from September 17, 2015 meeting
• Traffic Commission Minutes from August 25, 2015 meeting

d. Traffic Commission Recommendations

A. Consideration of request by Staff, to name a new city street “R.J. Barnard St”. The said street intersects with Kickapoo approximately 250 feet north of Wall St and runs west for approximately 500 feet.

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

e. Mayor’s appointments:

Oklahoma Baptist University Authority
Tom Terry 1st Full Term Expires 12/31/2021
Replacing Jack Moore

Joe Ford 1st Full Term Expires 12/31/2021
Replacing Randy Smith

f. Budget Amendment – Fund 112 TIF
To move money from the TIF District for the Main Street Streetscape project

g. Approve agreement with the Oklahoma Tax Commission for Administration of Sales Tax and Use Tax Ordinances.

Commissioner Shaw requested that Agenda Item Nos. 1(c), (d), (e), (f) and (g) be pulled for separate consideration.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve Consent Agenda Item Nos. 1(a-b), less items (c-g). Motion carried 6-0.

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

Regarding Agenda Item No. 1(c), Commissioner Shaw asked for clarification on the Shawnee Civic and Cultural Development Authority Minutes from September 17, 2015 regarding their accounts payable. She questioned the high cost from OG&E for electric utility service and the general claims from the City of Shawnee. She asked City Manager Justin Erickson to look into some cost saving measures regarding the electric service. Finance Director Cindy Sementelli stated that she would check on the City of Shawnee items and inform Commissioner Shaw.
A motion was made by Commissioner Shaw, seconded by Commissioner Dykstra, to approve Consent Agenda Item No. 1(c). Motion carried 6-0.

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

Regarding Agenda Item No. 1(d), Commissioner Shaw asked for information on the process of naming streets. City Manager Justin Erickson explained that this was a part of the Kickapoo Street project and that the Oklahoma Department of Transportation (ODOT) requested that the City name the street. The Traffic Commission made the recommendation per staff’s request. Commissioner Shaw also questioned if the street could be named prior to the Traffic Commission’s minutes being approved.
A motion was made by Commissioner Shaw, seconded Vice Mayor Harrod, to approve Consent Agenda Item No. 1(d) subject to the Traffic Commission approving their October 27, 2015 Minutes. Motion carried 6-0.

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

Regarding Agenda Item No. 1(e), Commissioner Shaw thanked representatives from Oklahoma Baptist University for educating her on the role their board plays in the community. She noted her previous concern with appointing OBU employees to the board and thanked them for suggesting alternate board members.
Commissioner Shaw also requested for biographies or background information on board appointees.
A motion was made by Commissioner Shaw, seconded by Commissioner Agee, to approve Consent Agenda Item No. 1(e). Motion carried 6-0.

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

Regarding Agenda Item No. 1(f), Commissioner Shaw expressed concerns that the budget amendment would leave a low balance in the Tax Increment Financing (TIF) District Fund. Finance Director Cindy Sementelli explained the purpose of the TIF District requires that the funds are dedicated and used for downtown projects.
A motion was made by Commissioner Shaw, seconded by Vice Mayor Harrod, to approve Consent Agenda Item No. 1(f). Motion carried 6-0.

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

Regarding Agenda Item No. 1(g), Commissioner Shaw asked for clarification of the agreement with the Oklahoma Tax Commission (OTC). Finance Director Cindy Sementelli explained the new contract with OTC allows them to retain one-half percent (½%) for collection of the taxes rather than one percent (1%).
A motion was made by Commissioner Shaw, seconded by Vice Mayor Harrod, to approve Consent Agenda Item No. 1(g). Motion carried 6-0.

AYE: Shaw, Harrod, Mainord, Hall, Dykstra, Agee
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: Consider for approval a resolution authorizing the sale of not to exceed $11,000,000 Oklahoma Baptist University Authority Refunding Revenue Notes (Oklahoma Baptist University Project) Series 2015A and 2015B, designating the same as Bank Qualified, as necessary, and waiving competitive bidding.

Mr. Randy Smith with Oklahoma Baptist University and Gary Bush with Public Finance Law Group answered questions from Commissioner Shaw.
Commissioner Shaw also inquired as to any loss the City would experience from approving the resolution. Finance Director Cindy Sementelli stated that there would be no loss to the City.

Resolution No. 6501 was introduced.

APPROVAL OF SALE OF NOT TO EXCEED $11,000,000 OKLAHOMA BAPTIST UNIVERSITY AUTHORITY, REFUNDING REVENUE NOTES (OKLAHOMA BAPTIST UNIVERSITY PROJECT) SERIES 2015A AND 2015B, DESIGNATING THE NOTES AS BANK QUALIFIED, AS NECESSARY AND WAIVING COMPETITIVE BIDDING.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve a resolution authorizing the sale of not to exceed $11,000,000 Oklahoma Baptist University Authority Refunding Revenue Notes (Oklahoma Baptist University Project) Series 2015A and 2015B, designating the same as Bank Qualified, as necessary, and waiving competitive bidding. Motion carried 6-0.

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

AGENDA ITEM NO. 4: 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. 5: Commissioners Comments

Vice Mayor Harrod thanked the Fire and Police departments for going throughout the neighborhoods on Halloween night.

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE AIRPORT AUTHORITY AND SHAWNEE MUNICIPAL AUTHORITY (6:51 P.M.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (6:55 P.M.)

AGENDA ITEM NO. 6: Consider an Executive Session to discuss potential claims, litigation or other options regarding Pottawatomie County District Court Case No. CJ-2014-128, The Citizen Potawatomi Nation by Linda Capps, its Vice Chairman, and Deanna Jesse vs. City of Shawnee, as authorized by 25 O.S. §307(B)(4).

A motion was made by Vice Mayor Harrod, seconded by Commissioner Shaw, to enter into Executive Session to discuss potential claims, litigation or other options regarding Pottawatomie County District Court Case No. CJ-2014-128, The Citizen Potawatomi Nation by Linda Capps, its Vice Chairman, and Deanna Jesse vs. City of Shawnee, as authorized by 25 O.S. §307(B)(4).

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

COMMISSIONER DYKSTRA LEFT THE MEETING AT 6:56 P.M.

COMMISSION ENTERED INTO EXECUTIVE SESSION AT 6:56 P.M. WITH FIVE COMMISSIONERS PRESENT.
COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 8:10 P.M. WITH FIVE MEMBERS PRESENT

AGENDA ITEM NO. 7: Consider matters discussed in Executive Session regarding potential claims, litigation or other options regarding Pottawatomie County District Court Case No. CJ-2014-128, The Citizen Potawatomi Nation by Linda Capps, its Vice Chairman, and Deanna Jesse vs. City of Shawnee, as authorized by 25 O.S. §307(B)(4).

No action was taken.

AGENDA ITEM NO. 8: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (8:11 p.m.)
WES MAINORD, MAYOR
ATTEST:

PHYLLIS LOFTIS, CMC, CITY CLERK

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