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Date: 11/16/2015Board: City CommissionDocumentType: MinutesWeb Posted: 12/9/2015 11:02:50 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
NOVEMBER 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, November 16, 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 Agee

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

1. Consider approval of Consent Agenda:

a. Minutes from the November 2, 2015 regular meeting.

b. Acknowledge Commission and Related Authorities meeting schedule for 2016

c. Acknowledge letter from Police Chief Russell Frantz announcing his retirement

d. Acknowledge the following reports and minutes:
• License Payment Report for October 2015
• Project Payment Report for October 2015
• Planning Commission Minutes from October 7, 2015 meeting

e. Lake Lease Renewals:

RENEWALS:
• Lot 5 Hart Tract, 16205 Hart Rd.
Lessees: Daren and Valerie Boyne

• Lot 12 Eckel Tract, 15105 Eckel Rd.
Lessee: Peggy Downey

• Lot 13 Eckel Tract, 15101 Eckel Rd.
Lessees: George and Carrie Heckert

• Lot 6 Eckel Tract, 15305 Eckel Rd.
Lessees: Patrick and Judith Henderson

• Lot 5 Eckel Tract, 15309 Eckel Rd.
Lessee: Bruce Outland

• Lot 9 Eckel Tract, 15201 Eckel Rd.
Lessees: Michael Violett and Kristin Pfenninger

• Lot 10 Hart Tract, 16309 Hart Rd.
Lessees: Steve and Sheila Walker

f. Acknowledge Oklahoma Municipal Retirement Fund normal Retirement for Michael Jackson.

g. Mayor’s appointments:

Shawnee Hospital Authority
Mark Finley 2nd Full Term Expires: 12/31/2021
Reappointment

Kathleen Laster 2nd Full Term Expires: 12/31/2021
Reappointment

Stephen Trotter 2nd Full Term Expires: 12/31/2021
Reappointment

h. Acknowledge Workers Compensation Settlement – Lisa Moody

i. Acknowledge Workers Compensation Settlement – Rhonda Dennie

j. Budget Amendment – Fund 701
To move money from capital to the Library Fund to replace A/C units that were not budgeted for.

Commissioner Shaw requested that Agenda Item Nos. 1(b), (e), (g), and (j) 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-j), less items (b), (e), (g), and (j). Motion carried 6-0.

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

Regarding Agenda Item No. 1(b), Commissioner Shaw stated that Municipal Code requires the City to have only one (1) meeting per month. She asked for staff to research the issue to see how long the City has had two (2) meetings. She explained she would like to reduce the amount of time spent in meetings. City Manager Justin Erickson and City Clerk Phyllis Loftis will look into the matter.
A motion was made by Commissioner Shaw, seconded by Commissioner Hall, to defer the item to the December 7, 2015 City Commission meeting. Motion carried 6-0.

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

Regarding Agenda Item No. 1(e), Commissioner Shaw expressed concern regarding a variance in renewal dates on Violett lease. She suggested the lease be reviewed and brought back during the December 7, 2015 City Commission meeting.
A motion was made by Commissioner Shaw, seconded by Commissioner Dykstra, to defer the Violett lake renewal lease to the December 7, 2015 City Commission meeting. Motion carried 6-0.

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

A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to approve the Consent Agenda Item No. 1(e), less lake lease renewal for Michael Violett and Kristin Pfenninger. Motion carried 6-0.

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

Regarding Agenda Item No. 1(g), Commissioner Shaw asked that biographies be provided for all board nominees. She suggested that the item be tabled until the biographies have been received. Commissioner Shaw stated she would like to review the application process and the board openings be posted on the City’s website.
A motion was made by Commissioner Shaw, seconded by Commissioner Dykstra, to approve Consent Agenda Item No. 1(g) with the understanding that biographies on each of the nominees be provided. Motion failed 2-4.

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

A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to approve Consent Agenda Item No. 1(g) without requiring biographies on each of the nominees. Motion carried 5-1.

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

Regarding Agenda Item No. 1(j), Commissioner Shaw asked for clarification regarding the maintenance at the library.
Director of Operations, James Bryce explained that the City provides maintenance and upkeep at the library. The library does not have their own funds for such maintenance projects.
A motion was made by Commissioner Shaw, seconded by Commissioner Hall, to approve Consent Agenda Item No. 1(j). Motion carried 6-0.

AYE: Shaw, Hall, Dykstra, 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 City Manager to Employee of the Month, Jeffrey Pack, Water Distribution.

Jeffery Pack was present to accept the Employee of the Month Certificate presented by City Manager Justin Erickson.

AGENDA ITEM NO. 4: Consider a resolution of appreciation to Russel Frantz for over 30 years of service to the City of Shawnee and presentation to Russell Frantz.

Russell Frantz was present to accept the resolution of appreciation presented by Mayor Mainord.

Resolution No. 6502 was introduced.

A RESOLUTION EXPRESSING APPRECIATION TO RUSSELL “RUSS” FRANTZ FOR OVER 30 YEARS OF LOYAL SERVICE TO THE CITY OF SHAWNEE, OKLAHOMA; DIRECTING THAT SAID RESOLUTION BE INCLUDED IN THE OFFICIAL RECORDS OF THE CITY OF SHAWNEE, OKLAHOMA; AND AUTHORIZING A COPY BE PRESENTED TO RUSSELL FRANTZ.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Shaw, to approve a resolution of appreciation to Russell Frantz for over 30 years of service to the City of Shawnee and presentation to Russell Frantz. Motion carried 6-0.

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

AGENDA ITEM NO. 5: Consider a resolution of appreciation to Michael Jackson for over 27 years of service to the City of Shawnee and presentation to Michael Jackson.

Michael Jackson was not present to accept the resolution of appreciation presented by Mayor Mainord.

Resolution No. 6503 was introduced.

A RESOLUTION EXPRESSING APPRECIATION TO MICHAEL “MIKE” JACKSON FOR OVER 27 YEARS OF LOYAL SERVICE TO THE CITY OF SHAWNEE, OKLAHOMA; DIRECTING THAT SAID RESOLUTION BE INCLUDED IN THE OFFICIAL RECORDS OF THE CITY OF SHAWNEE, OKLAHOMA; AND AUTHORIZING A COPY BE PRESENTED TO MICHAEL JACKSON.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to approve a resolution of appreciation to Michael Jackson for over 27 years of service to the City of Shawnee and presentation to Michael Jackson. Motion carried 6-0.

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

AGENDA ITEM NO. 6: Consider Oklahoma Municipal Retirement Fund (OMRF) lump sum payment from Defined Benefit Plan for James Wilson.

A motion was made by Commissioner Dykstra, seconded by Commissioner Hall, to approve the Oklahoma Municipal Retirement Fund (OMRF) lump sum payment from Defined Benefit Plan for James Wilson. Motion carried 6-0.

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

AGENDA ITEM NO. 7: Consideration of approval of a Preliminary Plat for The Garage Restaurant located at 190 Mall Drive, Shawnee, OK. Case #S12-15 Applicant: Muhammad Khan, P.E.

A staff report was given by Justin DeBruin, Community Development Director, stating that staff recommends approval with conditions of this preliminary plat.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve a Preliminary Plat for The Garage Restaurant located at 190 Mall Drive, Shawnee, OK. Case #S12-15 Applicant: Muhammad Khan, P.E., with the following conditions:

1. Final construction documents must be approved by the City Engineer concurrent with Final Plat approval.
2. Landscape Plans will be required concurrent with Final Plat approval.
3. Utility Easement with the purpose to provide site access shall be extended ease to incorporate all private lines shown on plat.
4. All other applicable City standards apply.

Motion carried 6-0

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

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

Cynthia Sementelli, Finance Director, reported that November sales tax collected this month was $1,426,192.00, which is up 3.79% from 2014 and down 5.1% from 2013. Ms. Sementelli also stated that for the fiscal year 2015-2016 it is up 5.0% over fiscal year 2014-2015.

AGENDA ITEM NO. 9: City Manager Update

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

a) Ward boundaries are reviewed after each census with the last census conducted in 2010. The analysis indicates some minor ward modifications. A report of the ward boundary review should be available by the next City Commission meeting on December 7, 2015. The analysis will be available for the public to review and a Public Hearing and Ordinance should be on the January 4, 2016 City Commission meeting.

b) The City has received numerous Requests for Qualifications for Fire Station No. 2 on Bryan Street. Staff will continue to review them and a contract will be submitted to the City Commission in late December or early January.

c) The Parks Master Plan is scheduled to be presented to the Planning Commission at their meeting in December. It will be presented to the City Commission on December 7, 2015.

d) Engineering on the municipal auditorium heating and air conditioning project is making good progress and bids should be accepted in January or February of 2016.

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 stated that Kickapoo Street is looking nice but work still needs to be done on the sidewalks.

Commissioner Shaw inquired about the work on Bryan Street sidewalks. The City Manager addressed her question and also stated the Trails Project is being further implemented on Independence Street to Sequoyah School.
Commissioner Shaw questioned if the holiday lighting was complete. Director of Operations, James Bryce stated the snowflake lighting is complete, although more decorations will be added to Celebration of Life Park downtown.

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE AIRPORT AUTHORITY AND SHAWNEE MUNICIPAL AUTHORITY (7:11 P.M.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (7:15 P.M.)

AGENDA ITEM NO. 12: 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).

There was no motion to enter into Executive Session.

AGENDA ITEM NO. 13: 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).

Commission did not enter into Executive Session.

AGENDA ITEM NO. 14: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (7:16 p.m.)
WES MAINORD, MAYOR
ATTEST:

PHYLLIS LOFTIS, CMC, CITY CLERK

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