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Date: 7/20/2015Board: City CommissionDocumentType: MinutesWeb Posted: 8/31/2015 11:29:46 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
JULY 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, Monday, July 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

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 Agee

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

1. Consider approval of Consent Agenda:

a. Minutes from the July 6, 2015 regular meeting.

b. Acknowledge the following reports and minutes:
• License Payment Report for June 2015
• Project Payment Report for June 2015
• Shawnee Urban Renewal Authority Minutes from June 2, 2015
• Shawnee Beautification Committee Minutes from January 8, 2015
• Shawnee Civic and Cultural Development Authority Minutes from May 21, 2015

c. Lake Lease Transfer:

TRANSFER:
• Lot 6 Coffman Tract, 15305 Perry Rd.
From: Wayne and Barbara O’Berg
To: Brian and Shelly Cornish

d. Budget Amendment – General Fund
To adjust the budget for the remaining money for the Shelter Reimbursement Grant

e. Budget Amendment – 2014 CDBG Entitlement Grant Fund
Allocate remaining 2014-2015 grant funds for Community Development Block Grant for new fiscal year

f. Approve Agreement with Pottawatomie County to use $120,000.00 of county sales tax funds towards purchase of 2015 Pierce Rescue Pumper for Fire Department.

g. Acknowledge Workers Compensation Settlement - Daniel Hill.

h. Approve Memorandum of Understanding with District Attorney’s Office, 23rd Judicial District, for services to victims of domestic violence and sexual assault.

i. Approve renewal of existing contract with changes and approved by the Commission for FY 2015-2016:

(1) Governmental Services contract with the Shawnee Civic and Cultural Development Authority.

j. Acknowledgment of contract renewal by City Manager for FY 2015-2016:

(1) Animal shelter facility agreement with Town of McLoud (tabled from July 6, 2015 City Commission meeting).

A motion was made by Commissioner Harrod, seconded by Commissioner Dykstra, to approve Consent Agenda Item No. 1(a-j). Motion carried 6-0.

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

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

Mr. Randy Gilbert, representative of Visit Shawnee, Inc. (VSI), spoke about several projects that VSI is currently implementing. Among those mentioned is a new cell phone application which will keep users informed of current and future events in the City of Shawnee. Mr. Gilbert also said that VSI will be taking the lead on a City wide branding campaign and has received proposals from branding consultants. Once the campaign is underway they will be seeking input from the city, schools, churches, etc. Mr. Gilbert then introduced VSI Executive Director Danna Fawble, who also discussed the VSI projects noting that the cell phone application should be launched by Labor Day.

AGENDA ITEM NO. 3: Mayor’s Proclamation:

“Crossroads Head Start Day”
August 3, 2015

Dava Peters accepted the Mayor’s Proclamation for “Crossroads Head Start Day” presented by Mayor Mainord.

AGENDA ITEM NO. 4: Consideration of a resolution honoring Judge Robert H. Jones for his service, naming him “Judge Emeritus” and naming the Courtroom in his honor.

Resolution No. 6499 was introduced.

A RESOLUTION EXPRESSING APPRECIATION TO ROBERT H. JONES FOR HIS SERVICE; NAMING HIM JUDGE EMERITUS OF THE SHAWNEE MUNICIPAL COURT; AND DESIGNATING THE MUNICIPAL COURTROOM AS “ROBERT H. JONES COURTROOM”

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve a resolution honoring Judge Robert H. Jones for his service, naming him “Judge Emeritus” and naming the Courtroom in his honor.” Motion carried 6-0.

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

Ms. Carolyn Stager presented a Certificate of Appreciation on behalf of the Oklahoma Municipal League to Judge Robert Jones for his 49 years on the bench at the City of Shawnee.

Mr. Robert Butler spoke on behalf of the Pottawatomie County Bar Association, thanking Judge Jones for his years of service and for being a mentor to him.

Mayor Wes Mainord then presented Resolution No. 6499 to Judge Robert Jones, naming him Judge Emeritus and naming the municipal courtroom the “Judge Robert H. Jones Municipal Courtroom”.

Judge Robert Jones spoke and thanked the City for honoring him. He also shared stories from his years on the bench.

Oklahoma Supreme Court Judge Douglas Combs thanked Judge Jones for his years of service.

AGENDA ITEM NO. 5: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan for Charles Huff.

A motion was made by Commissioner Hall, seconded by Commissioner Shaw, to approve Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan for Charles Huff. Motion carried 6-0.

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

AGENDA ITEM NO. 6: A public hearing and consideration of approving 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.

Staff report was given by Justin DeBruin, Community Development Director, stating that staff recommends approval of this ordinance.
Mayor Mainord declared a public hearing in session to consider 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. No one appeared in favor or against said rezoning. The public hearing was closed.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to table this item for thirty (30) days to allow the opportunity for discussion with the Sac & Fox tribe regarding the expansion of Bryan Street to Interstate 40. Motion failed 3-3.

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

A motion was made by Commissioner Dykstra, seconded by Commissioner Shaw, to approve the 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). Motion failed 3-3.

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

AGENDA ITEM NO. 7 WAS MOVED UNTIL AFTER EXECUTIVE SESSION BY THE POWER OF THE CHAIR.

AGENDA ITEM NO. 8: Acknowledge Sales Tax Report received July 2015.

Cynthia Sementelli, Finance Director, reported that July sales tax collected this month was $1,477,552.00, which is down 2.39% from 2014 and up 4.13% from 2013.

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)

City Manager Justin Erickson informed the Commission of a mold issue recently discovered at Fire Station No. 2. Mr. Erickson requested the Commission declare an emergency and authorize the expenditure of up to $25,000.00 for mold remediation at Fire Station No. 2.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Shaw, to declare an emergency and authorize the City Manager to spend up to $25,000.00 for mold remediation at Fire Station No. 2. Motion carried 6-0.

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

AGENDA ITEM NO. 10: Administrative Reports

a. Parks Master Plan – Justin Erickson, City Manager

Justin Erickson reported that the Parks Master Plan is being finalized now. The parks survey was also discussed and he noted that there will be future public hearings on this item.

AGENDA ITEM NO. 11: Commissioners Comments

Commissioner Shaw spoke of her recent visit to the
Shawnee Library. She enjoyed learning about their summer events and was impressed with what they accomplish with a small budget.
Commission Shaw also addressed the Sac & Fox request to close a portion of Kimberly Street as reflected in Agenda Item No. 6. She stated that the City should not try to leverage its position when considering this item. She further expressed displeasure at elected officials who would try to stop the Sac & Fox development.
Commissioner Agee agreed by expressing her disappointment that commissioners would give the appearance of holding the ordinance hostage to force negotiations in an entirely separate matter.

Vice Mayor Harrod stated that he has been involved in the Bryan Street expansion plans for five years and that Oklahoma Department of Transportation funding will be lost if the City does not get Sac & Fox to the table regarding this issue. Vice Mayor Harrod noted his motion was a “last ditch effort” to bring the parties to the table for discussion.

Commissioner Dykstra said that perhaps Sac & Fox Tribe does not agree with the expansion of Bryan Street. He also stated that he hopes the City will go into the negotiations with Citizen Potawatomi Nation in good faith.
Commissioner Dykstra also said he was very impressed with all the candidates interviewed for the Municipal Judge position.

Mayor Mainord reported that the splash pad at Boy Scout Park was a great thing for the community and it is wonderful to have.

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE AIRPORT AUTHORITY AND SHAWNEE MUNICIPAL AUTHORITY (7:22 P.M.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (7:25 P.M.)

AGENDA ITEM NO. 12: Consider going into executive session for the purpose of interviewing candidates for the position of Municipal Judge, consideration and discussion of possible contract, consideration and discussion regarding selection of the candidates pursuant to an Executive Session as authorized by 25 O.S. §307(B)(1) to discuss the employment and hiring of a Municipal Judge.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to enter into Executive Session for the purpose of interviewing candidates for the position of Municipal Judge, consideration and discussion of possible contract, consideration and discussion regarding selection of the candidates pursuant to an Executive Session as authorized by 25 O.S. §307(B)(1) to discuss the employment and hiring of a Municipal Judge. Motion carried 6-0.
AYE: Harrod, Dykstra, Agee, Mainord, Hall, Shaw
NAY: None

COMMISSION ENTERED INTO EXECUTIVE SESSION AT 7:26 P.M. WITH ALL MEMBERS PRESENT.
COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 8:16 P.M. WITH ALL MEMBERS PRESENT

AGENDA ITEM NO. 13: Consideration and possible action on matters discussed in executive session for the purpose of interviewing candidates for the position of Municipal Judge, consideration and discussion of possible contract, consideration and discussion regarding selection of the candidates pursuant to an Executive Session as authorized by 25 O.S. §307(B)(1) to discuss the employment and hiring of a Municipal Judge.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to appoint Randall Wiley to the part time position as Municipal Judge at the salary of $41,000.00 without any City benefits; further, the appointee shall be responsible for scheduling and compensating his replacement of any missed court dates. Motion carried 5-1.

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

AGENDA ITEM NO. 7: Discussion, consideration and possible action on an ordinance amending Section 12-51 of the Shawnee Municipal Code relating to qualifications of Judge. (Carryover from June 15, 2015 City Commission meeting.)

This item was not considered due to the appointment of a Municipal Judge in Agenda Item 13.

AGENDA ITEM NO. 14: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (8:18 p.m.)
WES MAINORD, MAYOR
ATTEST:

PHYLLIS LOFTIS, CMC, CITY CLERK

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