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Date: 4/6/2015Board: City CommissionDocumentType: MinutesWeb Posted: 6/17/2015 4:40:47 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
APRIL 6, 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, April 6, 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: Gary Vogel

INVOCATION The Lord’s Prayer

FLAG SALUTE Led by Commissioner Dykstra

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to move Agenda Item No. 5 after Agenda Item No. 1 and then recess the City Commission and go into the Shawnee Municipal Authority. Motion carried 6-0.

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

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

a. Minutes from the March 16, 2015 regular meeting.

b. Acknowledge the following minutes:
• Shawnee Civic and Cultural Development Authority from January 15, 2015 and February 19, 2015 meetings and February 26, 2015 Special Call meeting

c. Authorize staff to advertise for Requests for Proposals for Shawnee Water Park Concessions

A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to approve the Agenda Item Nos. 1(a-c). Motion carried 6-0.

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

AGENDA ITEM NO. 5: Introduction of Shawnee 2015 student/teacher delegation for exchange trip to Nikaho, Japan.

ADULT DELEGATES
Beth Polston, Sister Cities Chair
Dustin Tenney, Teacher, Shawnee High School

STUDENT DELEGATES
Chloe Jennings, Shawnee Middle School
Jordan Miller-LeCompte, Shawnee Middle School
Nathan Stephens, Shawnee Middle School
Keegan Carrera, Grove
Garrett Gallman, Grove
Samantha Huff, Grove
Kaitlin Koons, Grove
Margaret Price, Grove

Beth Polston introduced herself and each of the student delegates introduced themselves.

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

There was no Citizens Participation.

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE MUNICIPAL AUTHORITY (6:37 P.M.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (6:59 P.M.)

AGENDA ITEM NO. 3: Mayor’s Proclamations:
“Fair Housing Month”
April 2015

Interim City Manager Justin Erickson accepted the Mayor’s Proclamation for “Fair Housing Month” presented by Mayor Mainord.

AGENDA ITEM NO. 4: Presentation by Interim City Manager to Employee of the Month, Jason Watts, Dispatch.

Jason Watts was present to accept the Employee of the Month Certificate presented by Interim City Manager Justin Erickson.

AGENDA ITEM NO. 6: Discussion concerning fire run fees, fire service area, mutual aid agreements and fire service outside city limits.

Interim Fire Chief Dru Tischer gave a presentation regarding the costs associated with responding to fire runs outside city limits. Chief Tischer recommended that the City change the current pricing structure from $100.00 per hour per apparatus to 1/1000th of the actual cost of the apparatus responding to the fire call. He stated that this method will provide defendable criteria for apparatus usage rates and will stay current with increasing future costs. Commissioner Shaw asked Chief Tischer to factor depreciation rates into this method. Commissioner Hall spoke briefly about subscription services for fire runs outside the city limits. Chief Tischer will return with more information at the May 4, 2015 City Commission meeting.

AGENDA ITEM NO. 7: Discussion, consideration and possible action of Visit Shawnee Incorporated (VSI) contract.

Interim City Manager Justin Erickson stated that the VSI executive committee has met and the full board meeting is Wednesday April 8, 2015. He stated that the consensus of the board is to move forward with the City’s contract.

Action was not taken.

AGENDA ITEM NO. 8: Consider Bids:

a. Boy Scout Restroom Project (Award)

Operations Director James Bryce announced that three bids were received and after review and consideration it was staff’s recommendation to refuse all bids and rebid the project. He requested to increase the restrooms to two toilets each, rather than one as previously bid.
A motion was made by Vice Mayor Harrod , seconded by Commissioner Shaw, to accept staff’s recommendation and refuse all bids and rebid the project. Motion carried 6-0.

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

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)

It was announced that Commissioner Gary Vogel had resigned as Ward 1 Commissioner effective at 12:00 p.m. on this date. Commissioners discussed the methods available to fill the unexpired term, which includes calling for a special election or the Commission making an appointment to fill the opening until the next general or special election.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to advertise for a candidates for the Ward 1 Commission seat, by using the application for Boards and Commissioners available on the City’s website; applications are due by 4:00 p.m. on April 29, 2015 in the City Clerk’s office; interviews of candidates will be held at the May 4, 2015 City Commission meeting, with the new Commissioner being sworn in at the May 18, 2015 City Commission meeting. Motion carried 5-1.

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

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

a. Storm Shelter Rebates – Don Lynch, Emergency Management Director

Emergency Management Director Don Lynch reported that a total of 1100 applications were received for the Safe Room/Storm Shelter Program Red Cross grant. Mr. Lynch noted that 204 award recipients have been notified and four additional awards are being held in case some eligible applicants have been overlooked.

b. Dispatch Center Remodel – Russell Frantz, Police Chief

Police Chief Russell Frantz reported that the dispatch center remodel is moving along well, with equipment arriving this week. He also reported that the range tower project will be completed in two to three weeks.

AGENDA ITEM NO. 11 Commissioners Comments

Commissioner Dykstra asked the status of the City Manager search. Staff advised that closing date for applications is April 10, 2015.

Vice Mayor Harrod commented on the many accidents at the intersection of Hardesty and Highway 177.

Commissioner Dykstra stated that he would like to go with the Sister Cities’ Delegates to Japan this year.

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE AIRPORT AUTHORITY AND RECONVENE SHAWNEE MUNICIPAL AUTHORITY (8:06 P.M.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (8:57 P.M.)

AGENDA ITEM NO. 12: Consider an Executive Session to discuss potential claims, litigation or other options regarding the following: (a) City of Shawnee v. Modern Oil Company, Pottawatomie County District Court, No. 2011-70; (b) Beller v. City of Shawnee, Pottawatomie County District Court Case CV 14-2034; (c) Lexington Insurance Co. v. City of Shawnee, Pottawatomie County District Court, Case No. CJ-2015-60; (d) City of Shawnee v. IUPA and Jon Arnett, Oklahoma Court of Appeals Case No. SD-113577; (e) Citizen Potawatomi Nation v. City of Shawnee, Pott County District Court, Case No. CV-14-128; and (f) Burns v. City of Shawnee, United States District Court for the Western District of Oklahoma, Case No CIV 15-221F, as authorized by 25 O.S. §307(B)(4).

A motion was made by Commissioner Dykstra, seconded by Commissioner Shaw, to enter into Executive Session to discuss potential claims, litigation or other options regarding the following: (a) City of Shawnee v. Modern Oil Company, Pottawatomie County District Court, No. 2011-70; (b) Beller v. City of Shawnee, Pottawatomie County District Court Case CV 14-2034; (c) Lexington Insurance Co. v. City of Shawnee, Pottawatomie County District Court, Case No. CJ-2015-60; (d) City of Shawnee v. IUPA and Jon Arnett, Oklahoma Court of Appeals Case No. SD-113577; (e) Citizen Potawatomi Nation v. City of Shawnee, Pott County District Court, Case No. CV-14-128; and (f) Burns v. City of Shawnee, United States District Court for the Western District of Oklahoma, Case No CIV 15-221F, as authorized by 25 O.S. §307(B)(4). Motion carried 5-0.

COMMISSIONER HALL LEFT CHAMBERS.

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

COMMISSION ENTERED INTO EXECUTIVE SESSION AT 9:00 P.M. WITH ALL MEMBERS PRESENT.

COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 9:17 P.M. WITH ALL MEMBERS PRESENT

AGENDA ITEM NO. 13: Consider matters discussed in Executive Session regarding potential claims, litigation or other options regarding the following: (a) City of Shawnee v. Modern Oil Company, Pottawatomie County District Court, No. 2011-70; (b) Beller v. City of Shawnee, Pottawatomie County District Court Case CV 14-2034; (c) Lexington Insurance Co. v. City of Shawnee, Pottawatomie County District Court, Case No. CJ-2015-60; (d) City of Shawnee v. IUPA and Jon Arnett, Oklahoma Court of Appeals Case No. SD-113577; (e) Citizen Potawatomi Nation v. City of Shawnee, Pott County District Court, Case No. CV-14-128; and (f) Burns v. City of Shawnee, United States District Court for the Western District of Oklahoma, Case No CIV 15-221F, as authorized by 25 O.S. §307(B)(4).

No action taken.

AGENDA ITEM NO. 14: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (9:18 p.m.)
WES MAINORD, MAYOR
ATTEST:
_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK

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