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Date: 1/20/2015Board: City CommissionDocumentType: MinutesWeb Posted: 2/3/2015 8:59:58 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
JANUARY 20, 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, Tuesday, January 20, 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

Absent 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: Vogel

INVOCATION Lord’s Prayer Led by Mayor Mainord

FLAG SALUTE Led by Commissioner Shaw

AGENDA ITEM NO. 1: Consider approval of Agenda.

Commissioner Shaw requested that Consent Agenda Item 2(g), (approval of Budget Amendment to complete pool parking lot), be deferred until after Agenda Item 7 (b).

A motion was made by Commissioner Harrod, seconded by Commissioner Hall, to approve the Agenda with Commissioner Shaw’s request to move Agenda Item 2(g). Motion carried 6-0.

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

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

a. Minutes from the January 5, 2015 regular meeting

b. Acknowledge the following reports and minutes:
• License Payment Report for December 2014
• Project Payment Report for December 2014
• Shawnee Urban Renewal Authority Minutes from the November 4, 2014 meeting
• Shawnee Beautification Committee Minutes from the September 11, 2015 meeting

c. Authorize staff to agree to order allowing Shawnee Milling Company to vacate a portion of Broadway Street.

d. Approve Change Order for Dispatch Center City of Shawnee

e. Approve staffing agreement with Express Personnel Services for Maintenance 1 new-hires at the Expo Center.

f. Acknowledge Preliminary Fiscal Year 2015-2016 Budget Schedule

g. Budget amendment – Capital Fund 302 to 301
To Complete Pool Parking Lot
Commissioner Shaw requested that Agenda Items Nos. 2(c, d and e) be pulled for separate consideration.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Shaw, to approve the Agenda Item Nos. 2(a-g), less items 2(c, d and e). Motion carried 6-0.

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

Regarding Agenda Item No. 2(c), Commissioner Shaw stated she has recently had discussions with Mr. Ford at Shawnee Milling Company. She expressed appreciation for their efforts to enhance the area around the Mill. She further informed that the requested street closure will provide the Mill with added safety controls over their food products.
A motion was made by Commissioner Shaw, seconded by Vice Mayor Harrod, to approve Agenda Item No. 2(c). Motion carried 6-0.

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

Regarding Agenda Item No. 2(d), Commissioner Shaw requested to be educated on the terms of the change order. Police Chief Russell Frantz stated that overhead administrative costs included in the change order was thirteen percent (13%). Commissioner Shaw requested to see those costs listed out and Chief Frantz will provide that information to her.

A motion was made by Commissioner Hall, seconded by Commissioner Dykstra, to approve Agenda Item No. 2(d). Motion carried 6-0.

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

Regarding Agenda Item No. 2(e), Commissioner Shaw asked why the Expo Center had such a high employee turnover rate. Human Resources Director Tammy Johnson stated that the night and weekend hours and hard labor was the primary cause.

A motion was made by Commissioner Shaw, seconded by Commissioner Hall, to approve Agenda Item No. 2(e). Motion carried 6-0.

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

AGENDA ITEM NO. 3: Commissioners Comments

Commissioner Shaw stated that on October 20, 2014 meeting regarding the detachment petition, the tribe was not given the opportunity to speak. She stated that this is an opportunity to make a good change.

Commissioner Dykstra commented on the number of people filling the Commission Chambers and hopes that everyone will listen to the discourse and make a decision based on the facts.

Commissioner Agee stated that the Community Renewal group was going to take another trip to Louisiana. She encouraged anyone that would like to attend the trip to contact the Avedis Foundation.

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

John Barrett, Chairman of Citizen Potawatomi Nation (CPN), stated that CPN would be willing to partner with the City of Shawnee to remove trees from lots cleared through demolition and replant them in city parks.

AGENDA ITEM NO. 5: Public hearing for discussion, consideration and possible action regarding an ordinance to approve the detachment petition filed by the Citizen Potawatomi Nation to detach all Citizen Potawatomi Nation lands located south of the North Canadian River from the City of Shawnee.

Mayor Mainord discussed the public hearing guidelines. He announced that each side would be allowed 35 minutes for discussion of this item. He also cautioned speakers not to make personal attacks on others.
Mayor Mainord declared the public hearing in session to consider an ordinance to approve the detachment petition filed by the Citizen Potawatomi Nation (CPN) to detach all Citizen Potawatomi Nation lands located south of the North Canadian River from the City of Shawnee.
Bruce Winston, Attorney for CPN, asked the Mayor to consider allowing an extension of the discussion time limit due to the large number of people at the meeting wishing to speak on the issue. Mr. Winston also gave a brief history of this lawsuit, including the ruling of the District Judge. Those speaking in favor of detachment were as follows:
John Barrett, Chairman of CPN, Kelli Mosteller, Director of the Cultural Heritage Center, Greg Quinlan, Attorney for CPN, Charles Meloy, Director of Real Estate Services, Richard Kunze, Public Works Director for CPN, Linda Capps, Vice Chairman of CPN, John VanPool, Assistant Public Relations Director, Shawn Howard, Director of Environmental Protection for CPN, Art Muller, Roads Director for CPN, Rhonda Butcher, CPN employee, Kasie Nichols, CPN employee, James Collard, Planning and Economic Development Director and Police Chief for CPN and Tesia Zientek, CPN employee.
CPN attorney Bruce Winston followed the above referenced speakers with a recap of their statements. He further asked the Commission to consider those statements when casting their votes.
The total time given for statements from those speaking in favor of the issue was 56 minutes
Mayor Mainord asked if anyone was present to speak against the detachment. No one come forward to speak against the issue.
Mr. Tom Claybrook did appear and stated that he was neither in favor nor against the detachment. He asked why the City was so adamant to hold onto the land.
Upon request from Mayor Mainord, a staff report was given which recommended denial of the detachment petition.
A motion was made by Commissioner Shaw, seconded by Commissioner Dykstra, to approve an ordinance to approve the detachment petition filed by the Citizen Potawatomi Nation to detach all Citizen Potawatomi Nation lands located south of the North Canadian River from the City of Shawnee. Motion failed 3-3.

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

AGENDA ITEM NO. 6: Acknowledge Sales Tax Report received January 2015.

Cynthia Sementelli, Finance Director, reported that January sales tax collected this month was $1,499,067.00. Compared to last year's it is down $57,550.00 or 3.7%. Compared to 2013, it is up $13,519.00.

AGENDA ITEM NO. 7: Consider Bids/Proposals:

a. Proposals for City Manager Executive Search Firm CM-001-2015 (Award)

Human Resources Director Tammy Johnson requested that the item be tabled until a later date for further review by the Commission and City Manager Search Committee.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Shaw, to accept staff’s recommendation and table the item until a later date. Motion carried 6-0.

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

b. Shawnee Pool Parking Project COS-PW-14-01 (Award)

City Engineer John Krywicki announced that three bids were received and after review and consideration it was staff’s recommendation to award the bid to CGC, LLC of Edmond, Oklahoma in the total amount of $369,305.25.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Shaw, to accept staff’s recommendation and award the bid to CGC, LLC in the total amount of $369,305.25. Motion carried 6-0.

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

AGENDA ITEM NO. 2(g): Budget amendment – Capital Fund 302 to 301
(To Complete Pool Parking Lot)
A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to approve Agenda Item No. 2(g). Motion carried 6-0.

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

AGENDA ITEM NO. 8: 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. 9: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (8:12 p.m.)


WES MAINORD, MAYOR

ATTEST:


_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK


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