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Date: 5/4/2015Board: City CommissionDocumentType: MinutesWeb Posted: 5/20/2015 9:38:33 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
MAY 4, 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, May 4, 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 Hall

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

a. Acknowledge staff will proceed in the instant meeting with the opening and consideration of bids as set forth in Agenda Item No. 6.

b. Minutes from the April 20, 2015 regular meeting.

c. Acknowledge the following reports and minutes:
• Shawnee Civic and Cultural Development minutes from March 19, 2015.

d. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Reed Factor.

e. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Michael Hillary.

f. Acknowledge termination of lease with the Shawnee Economic Development Foundation (SEDF) for the North Airport Property.

g. Approve Change Order No. 3 for Dispatch Center City of Shawnee Project.

h. Lake Lease Renewals/Transfers:

RENEWALS:
• Lot 12 Belcher Tract, 33112 Post Office Neck
Lessees: Dee Ann Lowery and Michael Lowery

TRANSFERS:
• Lot 13 Belcher Tract, 33114 Post Office Neck
From: William Lowery, Jr.
To: Dee Ann Lowery

Commissioner Shaw asked that Agenda Item No. 1(g) be pulled for separate consideration.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the Consent Agenda Item Nos.1(a-h), less item No.1(g). Motion carried 6-0.

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

Regarding Agenda Item No. 1(g), Commissioner Shaw asked for additional information on the Police Dispatch Center Change Order. Police Chief Russell Frantz responded to Commissioner Shaw’s questions.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve Consent Agenda Items No. 1(g). Motion carried 5-1.

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

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

Mr. John Winterringer expressed concerns about the on-going construction on Kickapoo Street and the negative affect it is having on businesses in that vicinity.
At the request of the Commission, City Engineer John Krywicki answered questions relating to the project delays. He further stated that the estimated completion date for the Kickapoo Street project is October, 2015.

Mr. Tom Smith urged the Commissioners to fill the Ward 1 Commission seat with someone he will be able to talk to.

AGENDA ITEM NO. 3: Presentation by Interim City Manager to Employee of the Month, Daniel Murrell, Street Department.

Daniel Murrell was not present to accept the Employee of the Month award. Interim City Manager Justin Erickson will see that Mr. Murrell receives it.

AGENDA ITEM NO. 4: Consideration of waiving City nuisance Lien Nos. L-12-185 and L-14-308 associated with property located at 11 E. Hayes Street.

Ms. Reujena Winrow, sister to Danny Winrow and the owner of the above referenced property, was present to answer questions.

After discussion, a motion was made by Commissioner Shaw, seconded by Vice Mayor Harrod, to approve waiving the administrative fees in the amount of $200.00 associated with City nuisance Lien Nos. L-12-185 and L-14-308 on property located at 11 E. Hayes Street. Motion carried 5-1.

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

AGENDA ITEM NO. 5: Consider a resolution authorizing Wes Mainord, Mayor, to cast ballot for Oklahoma Municipal Assurance Group (OMAG) election of two trustees.

Resolution No. 6491 was introduced.

A RESOLUTION AUTHORIZING AND DIRECTING WES MAINORD, MAYOR AND AUTHORIZED AGENT OF THE CITY OF SHAWNEE, OKLAHOMA, TO CAST VOTES FOR TRUSTEES OF THE OKLAHOMA MUNICIPAL ASSURANCE GROUP TO FILL EXPIRING TERMS OF TRUSTEES.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve a resolution authorizing Wes Mainord, Mayor, to cast ballot for Oklahoma Municipal Assurance Group (OMAG) election of two trustees. Motion carried 4-1-1.

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

AGENDA ITEM NO. 6: Consider Bids:

a. Operations of the Shawnee Water Park Concession Stand (Open) (Extended from April 20, 2015 City Commission meeting.)

BIDDER AMOUNT
Honey’s Snacks & Snowcones No Amount at this time.

Director of Operations, James Bryce, read the bid into the record. Mr. Bryce asked for the authority to proceed with this vendor to review his operation of business, menu items, etc.; in the event the review is favorable, Mr. Bryce asked for the authority to award the bid at that time.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to grant James Bryce with the authority to award the bid after further review of the vendor. Motion carried 6-0.

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

b. Boy Scout Restroom Project (Open)

BIDDER AMOUNT
Oklahoma Construction & Remodeling LLC $110,000.00
Shawnee, OK

Craig Contractors, LLC $98,522.00
Tecumseh, OK

Sagemill Construction $134,404.00
Meeker, OK

Director of Operations, James Bryce, read the bids into the record and requested that the bid award be deferred to the next meeting to allow staff to review and check references.
A motion was made by Commissioner Dykstra, seconded by Commissioner Hall, to defer the bid award to the May 18, 2015 City Commission meeting. Motion carried 6-0.

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

AGENDA ITEM NO. 7: Conduct interviews of City Commissioner Ward 1 applicants:

a. Dell Kerbs – Mr. Kerbs was present and answered questions posed by the Commissioners.

b. John Winterringer – Mr. Winterringer was present and answered questions posed by the Commissioners.

c. William D. Kirkland – Mr. Kirkland was present and answered questions posed by the Commissioners.

d. Regena Morton – Ms. Morton was present and answered questions posed by the Commissioners.

AGENDA ITEM NO. 8: Discussion, consideration and possible action to appoint a City Commissioner to the Ward 1 position to fill the open position left by Gary Vogel until the next regular City Commissioner election in 2016.

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to appoint John Winterrringer as Ward 1 City Commissioner until the next regular City Commission election in 2016.

Before the vote could be called, the Commission discussed the voting process and alternate ways to proceed with the selection.

After the vote was called the motion failed 3-3.

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

A motion was made by Commissioner Agee, seconded by Vice Mayor Harrod, to appoint Dell Kerbs as Ward 1 City Commissioner until the next regular City Commissioner election in 2016. Motion failed 3-2-1.

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

A motion was made by Vice Mayor Harrod, seconded by Mayor Mainord, to appoint Regena Morton as Ward 1 City Commissioner until the next regular City Commissioner election in 2016. Motion failed 3-2-1.

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

After discussion on whether to continue the item to the next meeting or to keep trying to reach a majority vote, candidates Kerbs and Morton were each asked additional questions. Another attempt was then made to fill the vacancy on the Commission.

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to appoint Regena Morton as Ward 1 City Commissioner until the next regular City Commissioner election in 2016. Motion failed 3-3.

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

A motion was then made by Commissioner Agee, seconded by Commissioner Dykstra, to appoint Dell Kerbs as Ward 1 City Commissioner until the next regular City Commissioner election in 2016. Motion failed 3-2-1.

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

A motion was made by Commissioner Shaw, seconded by Commissioner Dykstra, to approve the continuation of the process for appointment by the Commission of an individual to fill the vacancy in Ward 1 to the May 18, 2015 City Commission meeting. Motion carried 5-1.

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

AGENDA ITEM NO. 9: 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. 10: Administrative Reports, including, but not limited to:

a. Bike Patrol – Russell Frantz, Police Chief
Russell Frantz reported that the bike patrol has more personal and more equipment than previous years.

b. Municipal Pool – Kerri Foster, Aquatics Manager
Kerri Foster provided an update on the municipal pool and discussed the schedule of activities planned for the pool. She reminded everyone that Health Week is May 23-30th and the pool grand opening is scheduled for May 23rd.

AGENDA ITEM NO. 11: Commissioners Comments

Vice Mayor Harrod and Commissioner Dykstra thanked all the applicants that applied for the Ward 1 Commissioner seat.

Commissioner Shaw commented on receiving a copy of the Oath of Office from Vice Mayor Harrod. She stated she felt it was a form of harassment and wants it stopped.

Commissioner Agee reported that there is a Downtown insert in the newspaper informing citizens about the activities going on in the downtown area.

Mayor Mainord expressed the importance of selecting an individual to fill the Ward 1 vacancy.

Commissioner Dykstra announced that the Ada Air Expo is May 6-7, 2015.

AGENDA ITEM NO. 12: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (9:23 p.m.)

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