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Date: 8/3/2015Board: City CommissionDocumentType: MinutesWeb Posted: 8/31/2015 11:40:48 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
AUGUST 3, 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 3, 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

Absent Absent Commissioner Ward 5 Commissioner Ward 6

ABSENT: Micheal Dykstra, Lesa Shaw
INVOCATION The Lord’s Prayer
FLAG SALUTE Led by Mayor Mainord

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

1. Consider approval of Consent Agenda:

a. Minutes from the July 20, 2015 regular meeting.

b. Budget Amendment – General Fund
To amend the budget for the Airport Trail Lighting OG&E Project

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve Consent Agenda Item No. 1(a-b). Motion carried 4-0.

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

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

Mr. Casey Bell thanked Commissioners for adding the item regarding the Sac & Fox Housing Addition to the Agenda. Mr. Bell stated BancFirst is a strategic business partner on the housing project.

AGENDA ITEM NO. 3: Presentation by City Manager to Employees of the Month, Stacey Terrell and Haley Wright, Dispatch.

Stacey Terrell and Haley Wright were present to accept the Employees of the Month Certificate presented by City Manager Justin Erickson.

AGENDA ITEM NO. 4: Presentation of net gun donated by Animal Rescue Center (ARC).

Mr. Chris Thomas, Police Support Services, spoke about the sharp decrease in animal euthanasia at the city’s animal shelter. Mr. Thomas credited ARC, Savings Pets at Risk (SPAR) and other animal rescue groups working with the city for the decease. Mr. Thomas further described the benefits of having a net gun to capture small animals rather than having to use a dart gun.
Mr. Paul Hines of ARC then presented the net gun to Animal Control Officer Freddie Couch. Mr. Hines stated that if this net gun proves to be successful, ARC will be buying two more so that each Animal Control truck will be equipped with one.

AGENDA ITEM NO. 5: Motion to reconsider an ordinance to close to the public Kimberly Street located in Block 1 and Block 2 of the Sac & Fox Addition, being a re-plat of Lot 16, Remington Beard Addition (SE ¼ Section 17, T10N, R4E, 1M). Applicant: Housing Authority of the Sac & Fox Nation.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve an ordinance to close to the public Kimberly Street located in Block 1 and Block 2 of the Sac & Fox Addition, being a re-plat of Lot 16, Remington Beard Addition (SE ¼ Section 17, T10N, R4E, 1M). Applicant: Housing Authority of the Sac & Fox Nation. Motion carried 4-0.

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

AGENDA ITEM NO. 6: Discussion, consideration and possible action on an ordinance to close to the public Kimberly Street located in Block 1 and Block 2 of the Sac & Fox Addition, being a re-plat of Lot 16, Remington Beard Addition (SE ¼ Section 17, T10N, R4E, 1M). Applicant: Housing Authority of the Sac & Fox Nation.

Ms. Amanda Proctor, General Counselor of Sac & Fox Housing Authority, spoke to the Commission thanking them for putting this ordinance back on the agenda for reconsideration. Ms. Proctor stated she is unaware of the Bryan Street/I-40 project referenced at the last meeting, however, she would forward the information to the proper parties.
Vice Mayor Harrod restated that his reason for voting against this ordinance at the July 20th meeting was an attempt to get Chief Thurman to come to the table regarding the Bryan Street/I-40 interchange. He explained he is not opposed to the proposed housing project and that Sac & Fox have been good neighbors.

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve an ordinance to close to the public Kimberly Street located in Block 1 and Block 2 of the Sac & Fox Addition, being a re-plat of Lot 16, Remington Beard Addition (SE ¼ Section 17, T10N, R4E, 1M). Applicant: Housing Authority of the Sac & Fox Nation.

Ordinance No. 2571NS was introduced.

AN ORDINANCE CLOSING TO PUBLIC USE A PORTION OF KIMBERLY STREET IN THE CITY OF SHAWNEE, OKLAHOMA; SPECIFICALLY DESCRIBING SAID STREET; RESERVING THE RIGHT TO REOPEN SAID STREET; AND DECLARING AN EMERGENCY.

Motion carried 4-0.

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

Ordinance No. 2571NS was adopted by the City Commission.

AGENDA ITEM NO. 7: 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. 8: Administrative Reports

a. Streetscape Update – John Krywicki, City Engineer

Mr. Krywicki reported that the Oklahoma Department of Transportation (ODOT) has approved the Main Street Streetscape project from Beard to Oklahoma for bid. Mr. Krywicki provided some tentative dates for project bidding and bid opening. He stated he anticipates that work could begin on the project before Thanksgiving, however with the holiday shopping and Christmas parade he would most likely recommend waiting until after the first of the year. Phase One of the project will be from Beard to Bell and is projected to take 120 days to complete. Phase Two will be from Bell to Oklahoma and a projected 180 days to complete.

AGENDA ITEM NO. 9: Commissioners Comments

Commissioner Hall reported that school is starting soon and asked everyone to be aware of children.
Commissioner Hall also stated that the portion of Kickapoo Street that is open is very nice.

Vice Mayor Harrod stated that he had not meant to create problems for BancFirst regarding the Sac & Fox Housing Addition.
Vice Mayor Harrod asked City Manager, Justin Erickson about the status on Fire Station No. 2. Mr. Erickson responded that mold remediation has begun.
Vice Mayor Harrod made reference to a letter from Kevin Washburn of the Department of Interior Bureau of Indian Affairs which was recently published in a local paper. Commissioner Harrod took issue with the Helping Expedite and Advance Responsible Tribal Homeownership (HEARTH) Act which was referenced in the letter. He stated that the Act was a House Bill resolution introduced in 2010 but was never approved or passed.

Commissioner Agee reported on Historic Shawnee Alliance, a new 501C(3) organization she is involved with. They will be working with the City on the Streetscape project as well as other downtown projects.

Mayor Mainord stated that a public meeting is going to be held tomorrow regarding the Parks Study. He encouraged everyone to attend the meeting.
Mayor Mainord reported that the Pottawatomie County Historical Society has received $500,000.00 in matching grant funds; he encouraged citizens to donate to help with the construction and renovation project.
Mayor Mainord asked about pool schedule once school starts for Shawnee Splash. Mr. Erickson said those will soon be published. The Mayor also mentioned he drove by Boy Scout Park and the new Splash Pad seems to still have a lot of attendance.

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE AIRPORT AUTHORITY AND SHAWNEE MUNICIPAL AUTHORITY (7:05 P.M.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (7:07 P.M.)

AGENDA ITEM NO. 10: 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 Agee, 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). Motion carried 4-0.

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

COMMISSION ENTERED INTO EXECUTIVE SESSION AT 7:08 P.M. WITH ALL MEMBERS PRESENT.
COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 8:40 P.M. WITH ALL MEMBERS PRESENT

AGENDA ITEM NO. 11: 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).

A motion was made by Commissioner Hall, seconded by Commissioner Agee, to enter into mediation with Citizen Potawatomi Nation and other parties relating to on-going litigations. Motion carried 4-0.

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

AGENDA ITEM NO. 12: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (8:41 p.m.)
WES MAINORD, MAYOR
ATTEST:

PHYLLIS LOFTIS, CMC, CITY CLERK

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