October 7, 2014 City Commission Meeting

Announcements

• Free Trees: 📅 October 18th, from 8:00 AM to noon, 100 free trees will be given away at the Shawnee Airport.
• Fact Sheet: Commissioner Hall suggested creating a fact sheet on the city website to address "factless rumors" and provide citizens with accurate information regarding issues with the Citizen Potawatomi Nation (CPN).
• Family Promise Week: 📅 October 12th-18th, 2014, was proclaimed "Family Promise Week" by Mayor Maynard, recognizing the organization's efforts to help homeless families with children and pregnant women.
• Employee of the Month: Fred, the full-time airport staff member, was recognized as Employee of the Month for his dedication and service.
• Resolution of Appreciation: A resolution was passed to honor Lieutenant Tom Pringle for over 29 years of loyal service to the City of Shawnee Police Department. He is retiring to become the Police Chief of McLoud.

Public Comments

Citizens voiced concerns primarily regarding the city's relationship with tribal nations and the potential de-annexation of land.

• John Barrett (Citizen Potawatomi Nation Chairman): Presented copies of the Supreme Court decision in Michigan v. Bay Mills Indian Community and the Hearth Act, arguing that Indian tribes cannot be sued to enforce state taxation on tribal lands or activities. He urged the City Commission to cease litigation, stating it would only benefit the legal firm (Modrall Sperling) and harm both the city and the tribe. He also claimed the city previously denied water services to the CPN, forcing them to build their own system.
• Frank Oliver (Property Owner): Expressed confusion and concern over the potential de-annexation of property south of the river. He questioned who would be responsible for essential services like water, sewage, police, fire protection, and water quality testing if the city no longer provided them.
• Ivana Johnson (Citizen): Asked the council to reconsider any vote on de-annexation (though it was clarified no such vote had occurred). She highlighted the CPN's significant, often unacknowledged, contributions to the community and expressed concern about the negative publicity and division caused by the ongoing conflict.
• Edwenna Butler Wolf (Absentee Shawnee Tribe Governor): Supported Chairman Barrett's statements, emphasizing that tribal nations consider Shawnee their home and wish to work cooperatively with the city. She criticized the city's "threatening letter" to tribes and called for an immediate end to the litigation, advocating for constructive efforts for all citizens.

Key Decisions & Votes

• Approval of Agenda: The agenda was ✅ Approved after a motion to expand public participation time to 20 minutes per topic failed.
• Approval of Consent Agenda (City Commission): The consent agenda was ✅ Approved.
• Resolution of Appreciation to Tom Pringle: Resolution 6479, expressing appreciation for Lieutenant Tom Pringle's service, was ✅ Approved.
• Oklahoma Municipal Retirement Fund Payment: A routine lump sum payment and refund of contributions for Greg Price was ✅ Approved.
• Setting City Standards for Campaign Finance Reporting: After discussion, no action was taken on this item. The City Attorney will provide a summary of new state laws regarding campaign finance reporting.
• Additional Funds for Veterans Memorial: The request for $40,000 in additional funding for the Veterans Memorial was not approved at this time. Staff was directed to explore other funding options, including Visit Shawnee Incorporated and potential future sales tax surpluses.
• Executive Session (Sales Tax Enforcement): The commission ✅ Approved to enter executive session to discuss sales tax enforcement matters.
• Approval of Consent Agenda (Shawnee Airport Authority): The Airport Authority's consent agenda was ✅ Approved.
• Contract with Lochner Aviation (FAA AIP Project): A contract with Lochner Aviation for services related to FAA AIP Project #3-40-0088-16-2015 was ✅ Approved. This project will fund equipment upgrades at the airport.
• Approval of Consent Agenda (Shawnee Municipal Authority): The Municipal Authority's consent agenda was ✅ Approved.
• Acceptance of Utility System Master Plan: The final Shawnee Municipal Authority Comprehensive Utility System Master Plan, prepared by Smith Roberts Baldischwiler, LLC, was ✅ Accepted.
• Executive Session (Utility Service Area Encroachment): The Municipal Authority ✅ Approved to enter executive session to discuss potential claims or litigation regarding utility service area encroachment.
• Matters from Executive Session (Sales Tax Enforcement): A motion was made and ✅ Approved to take no further action with regard to sales tax enforcement against retail activities of tribal corporations and governments at this time. This motion also terminated the agreement with Modrall Sperling and included a budget modification reducing the City Attorney's budget by $100,000 immediately.
• Potential Conflict of Interest (Commission Members & CPN Nation): A motion was made and ✅ Approved for the City Attorney to explore and advise all sitting Commissioners on potential conflicts of interest in the near term, rather than retaining outside counsel.

Financial Matters

• Veterans Memorial Funding: A request for $40,000 in additional funds for the Veterans Memorial was discussed. The City Manager outlined a recommendation to provide $13,000 annually for three years from the fund balance, but no action was taken, with the commission opting to explore alternative funding sources first.
• Airport Authority Project: The contract with Lochner Aviation for FAA AIP Project #3-40-0088-16-2015 involves an estimated 💰 $330,000 for equipment upgrades (rotating beacon, automated weather observation system, apron lighting) and 💰 $140,000 for consultant services. The project is 90% federally funded, requiring a 10% city match (approximately 💰 $33,000 for equipment and 💰 $14,000 for consultant services).
• Utility System Master Plan: The comprehensive utility system master plan has incurred 💰 $523,128 in expenses to date, with 💰 $26,332 remaining on the negotiated contract price of 💰 $549,460 for ongoing data collection and model refinement.
• Legal Services Budget Modification: Following the decision to cease sales tax enforcement litigation, the City Attorney's budget was reduced by 💰 $100,000 due to the termination of the agreement with Modrall Sperling.
• Auditorium Heat and Air Project: The city currently has 💰 $400,000 set aside for this project, with an estimated total cost of 💰 $600,000. The plan is to fully fund the project in the next budget year, with engineering design to commence this year.

Administrative Reports

• Wayfinding Project Update: The Wayfinding Signage Plan, initiated in 2006 and approved in 2008, has experienced delays due to initial budget cuts and inconsistencies in the original plan (e.g., promoting private businesses, non-ODOT compliant designs, unclear districting). Funding has been re-established at 💰 $150,000 annually from the city, with Visit Shawnee Incorporated committing an additional 💰 $100,000. Staff plans to revise the plan internally and present it for implementation in mid-2015.
• Vast Trails Grant Project Update: The city received a 💰 $641,000 matching grant from the Vast Foundation for major sidewalk and trail improvements, including lighting the Airport Trail. Phase one will construct a 10-foot multi-purpose trail along North Bryan Street (from MacArthur to Highland Street), connecting three schools and 12 neighborhoods. It will also connect Kapoo Street sidewalks to the airport track and YMCA, and repair/add sidewalks on Independence Street. Phase two will focus on connecting the western and eastern trail segments. This project aligns with the Master Trails Plan and represents significant walkability improvements.
• Auditorium Heat and Air Project Update: The project to install a new heat and air system in the auditorium is moving forward. The city has 💰 $400,000 currently, with an estimated total cost of 💰 $600,000. The plan is to hire an engineering firm by the end of the year to design the system, with bidding for construction planned for the 2015-2016 budget year.

Agenda Summary Table

| Agenda Item The following is a summary of the City of Shawnee, Oklahoma City Council Meeting for Council Notes.

📅 Announcements

• Free Trees: On 📅 October 18th, from 8:00 AM to noon, 100 free trees will be given away at the Shawnee Airport.
• Family Promise Week: Mayor Maynard proclaimed 📅 October 12th through 18th, 2014, as Family Promise Week, recognizing the organization's work with homeless families and pregnant women.
• Employee of the Month: Fred, a dedicated full-time staff member at the Shawnee Airport, was recognized as the Employee of the Month.
• Lieutenant Tom Pringle's Retirement: A resolution was passed to express appreciation to Lieutenant Tom Pringle for over 29 years of service to the Shawnee Police Department. He is retiring to become the Police Chief of McLoud.

Public Comments

Citizens primarily addressed the ongoing dispute between the city and tribal nations, particularly concerning taxation and land jurisdiction.

• Citizen Potawatomi Nation (CPN) Chairman John Barrett presented legal documents, including the Supreme Court decision in Michigan v. Bay Mills Indian Community and the Hearth Act, arguing that tribes cannot be sued by states for tax collection on tribal lands. He urged the commission to cease litigation with Modrall Sperling, stating it would be a waste of taxpayer money and detrimental to both the city and the tribe. He also claimed the city previously denied water services to CPN, forcing them to develop their own system.
• Property owner Frank Oliver expressed confusion regarding de-annexation and detachment, and voiced concerns about who would provide water, sewage, police, fire protection, and water quality testing for properties south of the river if de-annexed.
• Citizen Ivana Johnson requested the council reconsider any de-annexation vote (though it was clarified no such vote had occurred). She highlighted the CPN's extensive, often unacknowledged, community contributions and lamented the negative publicity and community division caused by the conflict.
• Absentee Shawnee Tribe Governor Edwenna Butler Wolf echoed Chairman Barrett's sentiments, emphasizing that tribal nations are permanent residents and seek cooperation, not conflict. She criticized a "threatening letter" from the city and called for an end to the current litigation, advocating for constructive efforts.

Key Decisions & Votes

• Approval of Agenda: The agenda was ✅ Approved after a motion to expand public comment time to 20 minutes per topic failed.
• Approval of Consent Agenda (City Commission): The consent agenda was ✅ Approved.
• Resolution of Appreciation to Tom Pringle: Resolution 6479, honoring Lieutenant Tom Pringle, was ✅ Approved.
• Oklahoma Municipal Retirement Fund Payment: A routine lump sum payment and refund of contributions for Greg Price was ✅ Approved.
• Setting City Standards for Campaign Finance Reporting: After discussion, no action was taken. The City Attorney will provide a summary of new state laws on the matter.
• Additional Funds for Veterans Memorial: The request for 💰 $40,000 in additional funding for the Veterans Memorial was not approved at this time. Staff was directed to explore other funding options, including Visit Shawnee Incorporated and potential future sales tax surpluses.
• Executive Session (Sales Tax Enforcement): The commission ✅ Approved to enter executive session.
• Approval of Consent Agenda (Shawnee Airport Authority): The Airport Authority's consent agenda was ✅ Approved.
• Contract with Lochner Aviation (FAA AIP Project): A contract with Lochner Aviation for services related to FAA AIP Project #3-40-0088-16-2015 was ✅ Approved. This project will fund equipment upgrades at the airport.
• Approval of Consent Agenda (Shawnee Municipal Authority): The Municipal Authority's consent agenda was ✅ Approved.
• Acceptance of Utility System Master Plan: The final Shawnee Municipal Authority Comprehensive Utility System Master Plan was ✅ Accepted.
• Executive Session (Utility Service Area Encroachment): The Municipal Authority ✅ Approved to enter executive session.
• Matters from Executive Session (Sales Tax Enforcement): A motion was made and ✅ Approved to take no further action regarding sales tax enforcement against tribal corporations and governments. This motion also terminated the agreement with Modrall Sperling and included a budget modification reducing the City Attorney's budget by 💰 $100,000 immediately.
• Potential Conflict of Interest (Commission Members & CPN Nation): A motion was made and ✅ Approved for the City Attorney to explore and advise all sitting Commissioners on potential conflicts of interest in the near term, rather than retaining outside counsel.

Financial Matters

• Veterans Memorial Funding: A request for 💰 $40,000 in additional funds was discussed. Staff recommended providing 💰 $13,000 annually for three years from the fund balance, but the commission opted to explore other funding avenues first.
• Airport Authority Project: The approved contract with Lochner Aviation for FAA AIP Project #3-40-0088-16-2015 involves an estimated 💰 $330,000 for equipment upgrades and 💰 $140,000 for consultant services. The project is 90% federally funded, requiring a 10% city match (approximately 💰 $33,000 for equipment and 💰 $14,000 for consultant services).
• Utility System Master Plan: The comprehensive utility system master plan has incurred 💰 $523,128 in expenses to date, with 💰 $26,332 remaining on the negotiated contract price of 💰 $549,460 for ongoing data collection and model refinement.
• Legal Services Budget Modification: The City Attorney's budget was reduced by 💰 $100,000 due to the termination of the agreement with Modrall Sperling, following the decision to cease sales tax enforcement litigation against tribal entities.
• Auditorium Heat and Air Project: The city currently has 💰 $400,000 allocated for this project, with an estimated total cost of 💰 $600,000. The plan is to fully fund the project in the next budget year, with engineering design to commence this year.

Agenda Summary Table

| Agenda Item