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Date: 10/21/2013Board: City CommissionDocumentType: MinutesWeb Posted: 11/5/2013 2:03:45 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
OCTOBER 21, 2013 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 21, 2013 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

Pam Stephens Linda Agee
Commissioner Ward 1 Commissioner Ward 2

James Harrod Keith Hall
Commissioner Ward 3-Vice Mayor Commissioner Ward 4

John Winterringer Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: None

INVOCATION Lord’s Prayer led by Mayor Mainord

FLAG SALUTE Led by Commissioner Hall

AGENDA ITEM NO. 1: Consider approval of Agenda.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve the Agenda. Motion carried 7-0.

AYE: Harrod, Winterringer, Stephens, Agee, Mainord, Hall, Smith
NAY: None

AGENDA ITEM NO. 2: Consider approval of Consent Agenda:

a. Minutes from the October 7, 2013 regular meeting and the October 14, 2013 special called joint meeting.
b. Acknowledge the following minutes and reports:
• Shawnee Civic and Cultural Development Authority minutes from the August 15, 2013 meeting
• License Payment Report for September 2013
• Project Payment Report for September 2013
c. Approve agreement with the Housing Authority of the City of Shawnee for supplemental police services.
d. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution and Define Benefit plans for Amy Modlin of the Unzner Center.
e. Approve agreement with Mitchell Armitage of Excel Auction for sale of surplus property
f. Acknowledge Holiday Schedule for 2014.
g. Acknowledge Evidence and Found Property list for destruction.
h. Lake Lot Lease Renewal:
• Lot 15B Belcher Tract, 33308 Post Office Neck
Tom Gabel and Mardell Gabel

A motion was made by Commissioner Hall, seconded by Commissioner Agee, to approve the Consent Agenda Item Nos. 2(a-h). Motion carried 7-0.

AYE: Hall, Agee, Stephens, Harrod, Mainord, Winterringer, Smith
NAY: None

AGENDA ITEM NO. 3: Commissioners Comments

Commissioner Stephens asked staff about a rumor regarding the City of Shawnee accepting two buildings from Oklahoma Baptist University. City Manager Brian McDougal informed the Commission that he had been notified very recently from a representative of OBU that they would like to donate a building and the pillars that marked the entry into the old Naval base site to the City. He said that staff would review the issue and bring it back for Commissioners’ consideration at a future meeting.

Vice Mayor Harrod asked for a status report regarding the separation of the CVB from the Chamber of Commerce as discussed in a special called meeting on October 14, 2013. City Manager McDougal said he had tried to get in touch with Kinlee Farris, but that she was out of the office. Vice Mayor Harrod said he would like to move forward on this as soon as possible.

Commissioner Winterringer asked if any additional work sessions had been scheduled. Mr. McDougal responded that the second half of the retreat has been scheduled for November 12, 2013 at 6:30 p.m.

AGENDA ITEM NO. 4: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)

Mr. Jim Sims spoke regarding an incident where city workers had obstructed a sidewalk with orange barrels while working on a line break. He provided Commissioners with a picture of the incident.

Mr. Jim Kinnamon addressed the Commission regarding the building(s) which may be donated to the City from OBU. Mr. Kinnamon said the Historical Society has been talking with OBU about this building for several years. They would like to use it as a museum. He asked that the Commission consider the Historical Society when considering acceptance of this gift.

AGENDA ITEM NO. 5: City Manager’s presentation of Employee of the Month to Dawn Morgan, Police Department Dispatcher.

Dawn Morgan was present to accept the Employee of the Month Certificate presented by City Manager Brian McDougal.

AGENDA ITEM NO. 6: Discussion, consideration and possible action on an ordinance repealing and amending Chapter 15, Article IV of the code of ordinances of the City of Shawnee, Oklahoma, regarding smoking in public places.

Amy Dunn, representing Communities of Excellence, spoke about the possibilities available through the Healthy Community Initiative. She explained that in February of 2012, the Governor passed an executive order declaring government buildings tobacco free, indoor and outdoor. Ms. Dunn noted that many communities have passed ordinances declaring city owned properties, both indoor and outdoor, to be tobacco free zones. In the event Shawnee becomes certified, grant funding can be applied for. She further noted that 90% of the grant requirements have been accomplished, with only two future issues needing completion. Those issues involve regulation of store front advertisements and the advertisement of tobacco products at city sponsored events.
Vice Mayor Harrod expressed concern regarding the enforcement of such an ordinance. Ms. Dunn responded that most communities use passive enforcement, as used for other violations such as littering.
Commissioner Agee stated that she did not think that this ordinance would be good for the City of Shawnee. She felt it is punitive to a select group of people. She also expressed concern about enforcement, stating that she felt this ordinance was more of a burden than a benefit.
A motion was made by Commissioner Hall, seconded by Commissioner Smith, to approve the ordinance repealing and amending Chapter 15, Article IV of the code of ordinances of the City of Shawnee, Oklahoma, regarding smoking in public places.

Ordinance No. 2510NS was introduced.

AN ORDINANCE REPEALING AND AMENDING ARTICLE IV OF CHAPTER 15 OF THE SHAWNEE MUNICIPAL CODE, FINES, SMOKING IN PUBLIC PLACES AND INDOOR WORK PLACES; PROVIDING FOR DEFINITIONS; REGULATING USE OF TOBACCO; PROVIDING FOR PENALTY; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR REPEAL, AND DECLARING AN EMERGENCY.

Motion carried 4-3.

AYE: Hall, Smith, Mainord, Winterringer
NAY: Harrod, Agee, Stephens

The Commission then considered the emergency clause. A motion was made by Commissioner Smith, seconded by Commissioner Hall to approve the emergency clause making the ordinance effective on this date.

AYE: Winterringer, Hall, Smith, Mainord
NAY: Harrod, Agee, Stephens

Motion failed.

Ordinance No. 2510NS was adopted by the City Commission with its effective date 30 days from this date.

AGENDA ITEM NO. 7: Discussion, consideration and possible action on an ordinance repealing and amending Chapter 12, Court, of the code of ordinances of the City of Shawnee, Oklahoma.

City Attorney Mary Ann Karns addressed this proposed ordinance. She explained the ordinance as “housekeeping” to prepare for municipal code codification. Among other things, this ordinance creates the option of employing an additional municipal judge in addition to the senior presiding judge. It also addresses the acceptance of electronic signatures and electronic records.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Stephens, to approve the ordinance repealing and amending Chapter 12, Court, of the code of ordinances of the City of Shawnee, Oklahoma.

Ordinance No. 2520NS was introduced.

AN ORDINANCE REPEALING AND AMENDING ARTICLE 12, MUNICIPAL COURT, OF THE CODE OF ORDINANCES OF THE CITY OF SHAWNEE, OKLAHOMA, PROVIDING FOR APPOINTMENT AND REMOVAL OF JUDGES, DUTIES OF OFFICERS OF THE COURT; OPERATION OF THE MUNICIPAL COURT; AUTHORIZING AND SETTING FEES, WITH SOME TO BE DETERMINED BY RESOLUTION; ESTABLISHING JURISDICTION; AND ALL OTHER ACTIVITIES FOR THE MUNICIPAL COURT; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND DECLARING AN EMERGENCY.

Motion carried 7-0.

AYE: Harrod, Stephens, Agee, Mainord, Hall Winterringer, Smith
NAY: None

The emergency clause was considered separately. A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve the emergency clause.

Motion carried 7-0.

AYE: Harrod, Winterringer, Smith, Stephens, Agee, Mainord, Hall
NAY: None

Ordinance No. 2520NS was adopted by the City Commission and placed into effect on this date.

AGENDA ITEM NO. 8: Consider a resolution declaring certain items of personal property and describing said items no longer needed by the City of Shawnee and authorizing sale of the items at public auction.

Director of Operations James Bryce discussed some of the items listed for auction.
A motion was made by Commissioner Winterringer, seconded by Commissioner Hall, to approve a resolution declaring certain items of personal property and describing said items no longer needed by the City of Shawnee and authorizing sale of the items at public auction.
Resolution No. 6456 was introduced.

A RESOLUTION DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY SURPLUS AND NO LONGER NEEDED FOR CITY PURPOSES; DESCRIBING SAID ITEMS; AND AUTHORIZING THE SALE OF SAID ITEMS BY AUCTION.

Motion carried 7-0.

AYE: Winterringer, Hall, Stephens, Agee, Harrod, Mainord, Smith
NAY: None

AGENDA ITEM NO. 9: Consider a resolution declaring certain items in the possession of the Police Department as surplus to be disposed of by Propertyroom.Com.

A motion was made by Commissioner Hall, seconded by Commissioner Winterringer to approve the resolution declaring certain items in the possession of the Police Department as surplus to be disposed of by Propertyroom.Com

Resolution No. 6457 was introduced.

A RESOLUTION DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY TO BE UNCLAIMED PERSONAL PROPERTY OR PROPERTY WHOSE OWNERSHIP IS NOT SATISFACTORILY ESTABLISHED, THE SAME BEING IN POSSESSION OF THE CHIEF OF POLICE FOR MORE THAN SIX MONTHS; DESCRIBING SAID ITEMS OF PROPERTY; AUTHORIZING THE CHIEF OF POLICE TO MAKE SAID ITEMS OF PERSONAL PROPERTY AVAILABLE FOR PICKUP AND SALE BY PROPERTYROOM.COM.

Motion carried 7-0.

AYE: Hall, Winterringer, Smith, Stephens, Agee, Harrod, Mainord
NAY: None

AGENDA ITEM NO. 10: Acknowledge Sales Tax Report received October 2013.

Cynthia Sementelli, Finance Director, reported that October Sales Tax receipts were up $78,406.00 this month or 5.65% compared to last year actual for the same time frame. October Sales tax amount received plus interest was $1,465,063.00, which accumulatively for the fiscal year we are up $231,234.00 or 4.21 %. Ms. Sementelli also provided a handout showing top revenue categories through September 30th, for the past three years. Included in her documents was a graph showing revenues other than sales tax.

AGENDA ITEM NO. 11: City Manager’s Report.

City Manager McDougal listed the following items in his report to the Commission.

a. He will be attending the International Conference of Shopping Centers with Tim Burg, November 6-8th.
b. Sales tax compliance. A liaison group looking into the revenues of the Oklahoma Tax Commission discovered that the 1% fee collected from municipalities equals roughly $19 million in revenue to the OTC. Whereas the costs of administering the sales tax on behalf of municipalities actually only costs approximately $10 million. A bill before the legislature would reduce the OTC fee from 1% to .5%.
c. Recycling. He has met with Mike Adcock and the attorneys will now work out the details involved. Potential start-up date is January 1, 2014.
d. Cleaning up Shawnee. The City supports the efforts of Jim Kinnamon and Johnny Kneisel in picking up trash in Shawnee. The City is provided 4 roll-off trash containers per month from Central Disposal and we have offered 1 of them to the group cleaning Shawnee.
e. Bill Geist. Apologize that the special call time was not convenient for all Commissioners and indicated the time was set according to Mr. Geist’s availability. He said the City would be working with the Chamber during the transition of the CVB to a 501(C)(6).
f. OCAN and OneNet have fiber optic lines along Interstate 40. The Native American Broadband Association is looking for pilot cities to get internet to communities, universities, etc. and he would like Shawnee to participate
g. E-911. Met with County Commissioners Stackhouse and Dennis recently. They think another meeting needs to be called with the E-911 board. Mr. Stackhouse recently toured the City’s dispatch area.
h. Shawnee Public Schools. He met recently with Dr. Moore, Shawnee Public School superintendent regarding their needs. It was estimated that the school system will need approximately $75 million in future years and he feels that the City and School System need to work together.
i. Retreat. The second half of the retreat will be at the Expo on November 12, 2013 at 6:30 p.m. with Leo Pressley acting as facilitator.

AGENDA ITEM NO. 12: 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. 13: Administrative Reports

There was no Administrative Reports.

AGENDA ITEM NO. 14: Consider an Executive Session to discuss City Manager’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee;"

A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to enter into Executive Session to discuss City Manager’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee;". Motion carried 7-0.

AYE: Harrod, Winterringer, Smith, Stephens, Agee, Mainord, Hall
NAY: None

COMMISSION ENTERED INTO EXECUTIVE SESSION AT 7:33 P.M. WITH ALL MEMBERS PRESENT.

COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 8:00 P.M. WITH ALL MEMBERS PRESENT.

AGENDA ITEM NO. 15: Consider matters discussed in Executive Session regarding City Manager’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee;"

A motion was made by Commissioner Smith, seconded by Commissioner Hall, to renew the City Manager’s contract with the 4 changes discussed in Executive Session and move forward. Motion carried 7-0.

AYE: Smith, Hall, Winterringer, Stephens, Agee, Harrod, Mainord
NAY: None

AGENDA ITEM NO. 16: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (8:03 p.m.)

WES MAINORD, MAYOR

ATTEST:

_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK


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