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Date: 12/7/2015Board: City CommissionDocumentType: MinutesWeb Posted: 12/23/2015 10:24:16 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
DECEMBER 7, 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, December 7, 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. Minutes from the November 16, 2015 regular meeting.

b. Acknowledge the following reports and minutes:
• License Payment Report for November 2015
• Project Payment Report for November 2015
• Community Service Contracts Review Minutes from April 14, 2015 meeting
• Shawnee Civic and Cultural Development Authority Minutes from October 15, 2015 meeting
• Planning Commission Minutes for November 4, 2015 meeting

c. Authorize staff to sign agreement with the Oklahoma Department of Emergency Management for the sub-grant of Emergency Management Performance Grant funds.

d. Lake Lease Renewals:

RENEWALS:
• Lot 10 Magnino Tract, 16720 Clearpond Lane
Lessees: Wolf and Linda Gugler

• Lot 8 Green Tract, 32001 Hornbeck Rd.
Lessees: Patricia Hill and Dianna Jones

• Lot 9 Eckel Tract, 15201 Eckel Rd.
Lessees: Michael Violett and Kristin Pfenninger
(Deferred from the November 16, 2015 meeting)

• Lot 19 Belcher Tract, 33402 Post Office Neck
Lessees: Le Ngan Yeatts and Bobbie Brooks

e. Mayor’s appointments:

Civic and Cultural Development Authority
Rachel Monroe-Melot 1st Full Term Expires 12/31/2019
Reappointment

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve Consent Agenda Item Nos. 1(a-e). Motion carried 6-0.

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

AGENDA ITEM NO. 2: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)

Dawn Gambrell, Bobbie Shell, Kathy Dixon, and Michael Rhodes spoke about the current euthanasia process being performed at the Shawnee Animal Control Shelter.
Paul Heinz, President of Animal Rescue Center (ARC), stated that ARC is in the process of raising funds to build a no-kill shelter.
Justin Erickson, City Manager, gave an update on the status of the Animal C Shelter, stating that the City is moving forward to discontinue its current euthanasia method. Bid packets are to go to local veterinarians at the end of 2015 or beginning of 2016.

AGENDA ITEM NO. 3: Presentation by City Manager to Employee of the Month, Ronnie Wilson, Police Department.

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

AGENDA ITEM NO. 4: City Manager’s Presentation of Oklahoma Municipal League certificates to employees with 25 or more years of service with the City of Shawnee.

Khristopher L. Steadman Sheldon Scott Hill
Johnny M. Leathers Michael B. Laughlin
Rodney Britt Taylor Kenneth M. King
H. Jared Gibson Keith A. Mangus

Sheldon Scott Hill, Michael B. Laughlin, Rodney Britt Taylor, H. Jared Gibson, and Keith A. Mangus were present to accept the Oklahoma Municipal League certificates to employees with 25 or more years of service with the City of Shawnee presented by City Manager, Justin Erickson.

AGENDA ITEM NO. 5: Consider approval of Commission and Related Authorities meeting schedule for 2016 (Deferred from the November 16, 2015 meeting).

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve the Commission and Related Authorities meeting schedule for 2016. Motion carried 6-0.

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

AGENDA ITEM NO. 6: Discussion regarding cancelling January 4, 2016 City Commission meeting.

Vice Mayor Harrod stated that he does not want the January 4, 2016 City Commission meeting to be canceled at this time due to the possibility of including a Ward 1 Commissioner Election on the March 2016 ballot. The City would have to approve a resolution calling for the election no later than January 4, 2016.
After further discussion, Commissioner Hall said the decision to cancel the meeting could be determined on the December 21, 2015 City Commission meeting.
A motion was made by Commissioner Shaw, seconded by Commissioner Hall, to cancel the January 4, 2016 City Commission meeting. Motion failed 1-5.

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

AGENDA ITEM NO. 7: Discussion and consideration for approval of 2015 Park System Inventory and Assessment.

A staff report was given by James Bryce, Director of Operations. Mr. Bryce also answered questions from Commissioners. He also stressed that this assessment could be changed if the Commission desires.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Shaw, to approve the 2015 Park System Inventory and Assessment. Motion carried 6-0.

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

AGENDA ITEM NO. 8: Consider approval of Community Service Contract Review Committee Recommendation to approve the contract with Central Oklahoma Community Action Agency/Central Oklahoma Transit (COCAA/COTS) in the amount of $60,000.00 for Fiscal Year July 1, 2015 thru June 30, 2016 to be paid in monthly increments, COCAA to provide monthly financial statements, the review of the contract to be put back on the normal cycle of the Contract Review Committee for FY2016-2017 and with the first payment including the back pay from July 1, 2015.

City Manager Erickson gave a brief history of COTS and the changes that have been made within the COTS program and organizational structure. He spoke of their partnership with the Avedis Foundation. Mr. Erickson recommended approval of this contract.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Shaw, to approve the contract with COCAA/COTS in the amount of $60,000.00 for Fiscal Year July 1, 2015 thru June 30, 2016 to be paid in monthly increments, COCAA to provide monthly financial statements, the review of the contract to be put back on the normal cycle of the Contract Review Committee for FY2016-2017 and with the first payment including the back pay from July 1, 2015. Motion carried 6-0.

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

AGENDA ITEM NO. 9: Budget Amendment – General Fund
To adjust the City Manager Budget for COTS

A motion was made by Vice Mayor Harrod, seconded by Commissioner Shaw, to approve the budget amendment to adjust the City Manager Budget for COTS. Motion carried 6-0.

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

AGENDA ITEM NO. 10: Consideration of approval of a Final Plat for The Garage Restaurant located at 190 Shawnee Mall Drive. Case No. S13-15 Applicant: Muhammad Khan, P.E.

A staff report was given by Justin DeBruin, Community Development Director.
Commissioner Shaw asked questions regarding signage.
A motion was made by Commissioner Shaw, seconded by Vice Mayor Harrod, to approve a Final Plat for The Garage Restaurant located at 190 Shawnee Mall Drive, with the following conditions:

1. Final construction documents must be approved by the City Engineer prior to construction.
2. The final engineering drainage plan must be approved by the City Engineer proper to construction.
3. Landscape Plans shall be submitted concurrent with the building permit.
4. Completed reciprocal agreement with appropriate signatures
5. All other applicable City standards apply.

Motion carried 6-0.

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

AGENDA ITEM NO. 11: Consideration of approval of a Final Plat for Shawnee Auto Mall located on Shawnee Mall Drive, east of Union Street. Case No. S14-15 Applicant: Huitt-Zollars, Inc. (Planning Commission deferred item.)

A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to defer item to the January 19, 2015 City Commission meeting. Motion carried 6-0.
AYE: Harrod, Dykstra, Agee, Mainord, Hall, Shaw
NAY: None

AGENDA ITEM NO. 12: Consideration of approval of a Preliminary Plat for Avonlea Cottages of Shawnee located at 789 Country Grove Drive. Case No. S15-15 Applicant: John Julian, United Senior Properties.

A staff report was given by Justin DeBruin, Community Development Director. Mr. DeBruin explained that thirteen (13) units would be added to the site.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve a Preliminary Plat for Avonlea Cottages of Shawnee located at 789 Country Grove Drive. Case No. S15-15 Applicant: John Julian, United Senior Properties, with the following conditions:

1. Final construction documents must be approved by the City Engineer concurrent with Final Plat approval.
2. The final engineered 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. A four (4’) foot sidewalk shall be required along Country Grove Drive.
5. All other applicable City standards apply.

Motion carried 6-0.

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

AGENDA ITEM NO. 13: Consideration of approval of a Final Plat for Sac & Fox Housing Wikiyapi Apartments located on Highland and Kimberly. Case No. S16-15 Applicant: Sac & Fox Nation Housing Authority

A presentation was given by Justin DeBruin, Community Development Director. Mr. DeBruin stated that staff recommends approval with conditions.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Shaw, to approve a Final Plat for Sac & Fox Housing Wikiyapi Apartments located on Highland and Kimberly, with the following conditions:

1. Final construction documents must be approved by the City Engineer prior to construction.
2. The final engineering drainage plan must be approved by the City Engineer proper to construction.
3. Landscape Plans shall be submitted concurrent with the building permit
4. A six (6’) foot sidewalk shall be required along Highland Street within dedicated street Right-of-Way.
5. Closing of the Kimberly Street right-of-way and conversion to a private easement must be completed before Final Plat can be recorded
6. All other applicable City standards apply.

Motion carried 6-0.

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

AGENDA ITEM NO. 14: 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. 15: Commissioners Comments

Vice Mayor Harrod asked City Manager Justin Erickson if he had been successful in meeting with the Sac and Fox chairman. Mr. Erickson indicated that they had not had a meeting at this time.

Commissioner Hall inquired about the status of the new sporting goods store coming to the mall. Justin DeBruin stated that they are planning to be open in early February.

Commissioner Shaw asked about the time frame for the sidewalks being completed on Sequoyah.
She also mentioned that the Absentee Tribe would like a snowflake placed in front of their business on Gordon Cooper Drive.

Commissioner Agee stated that she loved the Christmas Parade and congratulated all those involved in making it great.

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

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (7:27 P.M.)

AGENDA ITEM NO. 16: Consider an Executive Session to discuss potential claims, litigation or other options regarding emergency (911) wireless telephone fees that were collected and not remitted to the City; as authorized by 25 O.S. §307(B)(4).

A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to enter into Executive Session to discuss potential claims, litigation or other options regarding emergency (911) wireless telephone fees that were collected and not remitted to the City; as authorized by 25 O.S. §307(B)(4). Motion carried 6-0.

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

COMMISSIONER DYKSTRA LEFT THE MEETING AT 7:28 P.M.

COMMISSION ENTERED INTO EXECUTIVE SESSION AT 7:28 P.M. WITH FIVE MEMBERS PRESENT

COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 7:50 P.M. WITH FIVE MEMBERS PRESENT

AGENDA ITEM NO. 17: Consider matters discussed in Executive Session regarding potential claims, litigation or other options regarding emergency (911) wireless telephone fees that were collected and not remitted to the City; as authorized by 25 O.S. §307(B)(4).

A motion was made by Commissioner Hall, seconded by Commissioner Shaw, to authorize the City Manager to continue to negotiate with Pottawatomie County regarding emergency (911) wireless telephone fees that were collected and not remitted to the City. Motion carried 5-0.

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

AGENDA ITEM NO. 18: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (7:51 p.m.)

WES MAINORD, MAYOR
ATTEST:

PHYLLIS LOFTIS, CMC, CITY CLERK

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