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Date: 9/4/2012Board: City CommissionDocumentType: MinutesWeb Posted: 9/18/2012 2:54:13 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
SEPTEMBER 4, 2012 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, September 4, 2012 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Peterson presided and called the meeting to order. Upon roll call, the following members were in attendance.

Linda Peterson
Mayor

Pam Stephens Frank Sims
Commissioner Ward 1 Commissioner Ward 2

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4-Vice Mayor

John Winterringer Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: None

INVOCATION Rev. Amy Perkins
United Presbyterian

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of minutes of the Special Called meeting of August 16, 2012 and the regular August 20, 2012 meeting.

A motion was made by Commissioner Sims, seconded by Commissioner Harrod, to approve the Agenda. Motion carried 7-0.

AYE: Sims, Harrod, Peterson, Collier, Winterringer, Smith, Stephens
NAY: None

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE MUNICIPAL AUTHORITY AND SHAWNEE AIRPORT AUTHORITY (6:31p.m.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (6:32 p.m.)

AGENDA ITEM NO. 2: Consider Resolution of Appreciation to Linda Peterson, Mayor City of Shawnee.

Resolution No. 6430 was introduced and the title read aloud.

A RESOLUTION EXPRESSING APPRECIATION FOR THE OUTSTANDING SERVICE OF LINDA PETERSON AS MAYOR OF THE CITY OF SHAWNEE, OKLAHOMA; PROVIDING THAT SAID RESOLUTION BE SPREAD UPON THE OFFICIAL RECORDS OF THE CITY OF SHAWNEE, OKLAHOMA; AND PROVIDING THAT A COPY HEREOF BE PRESENTED TO SAID LINDA PETERSON.

A motion was made by Commissioner Winterringer, seconded by Commissioner Smith, to approve the Resolution of Appreciation to Linda Peterson, Mayor City of Shawnee. Motion carried 7-0.

AYE: Winterringer, Smith, Stephens, Sims, Harrod, Collier
NAY: None
ABSTAIN: Peterson

AGENDA ITEM NO. 3: Consider Resolution of Appreciation to Frank Sims, Commissioner Ward Two of the City of Shawnee.

Resolution No. 6432 was introduced and the title read aloud.

A RESOLUTION EXPRESSING APPRECIATION FOR THE OUTSTANDING SERVICE OF FRANK SIMS AS CITY COMMISSIONER OF WARD TWO OF THE CITY OF SHAWNEE, OKLAHOMA; PROVIDING THAT SAID RESOLUTION BE SPREAD UPON THE OFFICIAL RECORDS OF THE CITY OF SHAWNEE, OKLAHOMA; AND PROVIDING THAT A COPY HEREOF BE PRESENTED TO SAID FRANK SIMS.

A motion was made by Commissioner Smith, seconded by Commissioner Winterringer, to approve the Resolution of Appreciation to Frank Sims, Commissioner Ward Two of the City of Shawnee. Motion carried 7-0.

AYE: Smith, Winterringer, Stephens, Harrod, Peterson, Collier
NAY: None
ABSTAIN: Sims

AGENDA ITEM NO. 4: Consider Resolution of Appreciation to Billy Collier, Vice-Mayor and Commissioner of Ward Four of the City of Shawnee.

Resolution No. 6431 was introduced and the title read aloud.

A RESOLUTION EXPRESSING APPRECIATION FOR THE OUTSTANDING SERVICE OF BILLY COLLIER AS CITY COMMISSIONER OF WARD IV OF THE CITY OF SHAWNEE, OKLAHOMA; PROVIDING THAT SAID RESOLUTION BE SPREAD UPON THE OFFICIAL RECORDS OF THE CITY OF SHAWNEE, OKLAHOMA; AND PROVIDING THAT A COPY HEREOF BE PRESENTED TO SAID BILLY COLLIER.

A motion was made by Commissioner Smith, seconded by Commissioner Stephens, to approve the Resolution of Appreciation to Billy Collier, Vice-Mayor and Commissioner of Ward Four of the City of Shawnee. Motion carried 7-0.

AYE: Smith, Stephens, Sims, Harrod, Peterson, Winterringer
NAY: None
ABSTAIN: Collier

AGENDA ITEM NO. 5: Presentation of Resolutions of Appreciation and plaques to Mayor Linda Peterson, Vice-Mayor Billy Collier, and Commissioner Frank Sims.


Vice-Mayor Billy Collier presented the Resolution of Appreciation and plaque to Mayor Linda Peterson.

Mayor Linda Peterson presented the Resolution of Appreciation and plaque to Vice-Mayor Billy Collier.

Mayor Linda Peterson presented the Resolution of Appreciation and plaque to Commissioner Frank Sims.

AGENDA ITEM NO. 6: Swearing in of Mayor Wes Mainord, Ward II Commissioner Linda Agee, Ward III Commissioner James Harrod and Ward IV Commissioner Keith Hall by Municipal Judge Robert H. Jones and presentation of Certificates of Election.

Municipal Judge Robert H. Jones swore in Ward II Commissioner Linda Agee, Ward III Commissioner James Harrod and Ward IV Commissioner Keith Hall.

Municipal Judge Robert H. Jones swore in Mayor Wes Mainord.

BY THE POWER OF THE CHAIR RECESS FOR RECEPTION FOR OUTGOING AND INCOMING MAYOR AND COMMISSIONERS AT 6:45 P.M.

BY THE POWER OF THE CHAIR THE COMMISSION RECONVENES AT 7:00 P.M.

AGENDA ITEM NO. 7: Commission Appointment of a Vice Mayor (per Article III, Section 6 of City Charter)

A motion was made by Commissioner Agee, seconded by Commissioner Smith, to appoint Commissioner James Harrod as Vice Mayor. Motion carried 6-0-1.

AYE: Agee, Smith, Stephens, Mainord, Hall, Winterringer
NAY: None
ABSTAIN: Harrod

AGENDA ITEM NO. 8: Consider approval of Agenda.

A motion was made by Vice-Mayor Harrod, seconded by Commissioner Winterringer, to approve the Agenda. Motion carried 7-0.

AYE: Harrod, Winterringer, Smith, Stephens, Agee, Mainord, Hall
NAY: None

AGENDA ITEM NO. 9: 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 Number 2 on the Shawnee Municipal Authority Agenda.

b. Acknowledge the following minutes:
• Traffic Commission minutes from June 26, 2012 and July 24, 2012

c. Traffic Commission Recommendations
July 24, 2012

A. Consideration of request by Katherine K. Walters to place Deer Crossing signs on Bryan Road just north of Grove School.

Discussion: Katherine (3520 N. Bryan) saw last year five (5) deer killed by her home. She called police to get statistics. Since the road is getting busier she requests a Deer Crossing Sign to be placed on Bryan. Taffe recommended to approve due to witnessing deer as well.

STAFF RECOMMENDATION: Staff recommends approval of request

BOARD RECOMMENDATION: Board agrees with the Staff recommendation to add a Deer Crossing Sign on Bryan Street

B. Consideration of request by Tina Hanna to designate the east side of the 100 block of north Louisa and just south of 9th as a no parking zone.

Discussion: Tina Hanna discussed locations of no parking zones now. She states people with disabilities can not access the building some days. The cars that park there block the parking sites at her business. The homeless shelter keeps it busy. Michael Ludi Discussed there is a house on the corner and that it would cause people who live there to not have parking at their house. Ardrey wants resident contacted before making a final decision. Taffe agreed

Motion was made by Cody, seconded by Ardrey to contact resident and put on another agenda.

STAFF RECOMMENDATION: Staff recommends denying request because there is a house on the corner and that it would cause people who live there to not have parking at their house.

BOARD RECOMMENDATION: Board recommends contacting resident and put on another Agenda

C. Consideration of request by Dr. Robert J Barnard to take down the stop signs at 7th street at Broadway on the East and West sides .

Discussion: Dr. Barnard states going South on Broadway there is no stop sign at 7th street. The Milling Company will be closing the street but Dr Barnard believes without a stop sign no one will pay attention. Taffe asked about the closing. Ludi states it is closed but doesn’t know where the gate will be. Keith Mangus states it will be about three (3) weeks before gates go in. Ludi states (staff) recommendations would be to add the stop sign at Broadway and keep the signs in place on 7th street since we don’t know exactly how the Mill will use the intersection till they are done.

STAFF RECOMMENDATION: Staff recommends denying request, recommendations would be to keep the signs in place on 7th street since we don’t know exactly how the Mill will use the intersection till they are done.

BOARD RECOMMENDATION: Board agrees with Staff recommendation to deny request

D. Consideration of request by Dr. Robert J Barnard to place a stop sign for southbound traffic on Broadway at 7th Street.

Discussion: Same as above

STAFF RECOMMENDATION: Staff recommends approval of request

BOARD RECOMMENDATION: Board agrees with Staff recommendation to place a stop sign for southbound traffic on Broadway at 7th Street.

Traffic Commission Board Recommendations
August 28, 2012

A. Consideration of request by Joseph W. Ford to establish two (2) crosswalks across Bell Street directly on the North and South sides of the newly repaired rail tracks.

STAFF RECOMMENDATION: Staff recommends approval of request
Michael Ludi states crosswalks were previously at this location. Staff recommends repainting crosswalks in this location. The City currently has signs in that area for pedestrian crossing which is about 1200 feet therefore the signage is already up for this area. The City would just need to call attention to this specific area.

BOARD RECOMMENDATION: Board agrees with the Staff recommendation to approve two (2) crosswalks across Bell Street directly on the North and South sides of the newly repaired rail tracks

B. Consideration of request by Joseph W. Ford to place additional stop signs on Bell Street at the requested crosswalk locations.

STAFF RECOMMENDATION: Staff recommends denying request
Michael Ludi reports our staff recommendation is to deny this request for stop signs. Instead of stopping traffic all the time, the staff recommends to place 36” x 36” Yield here for Pedestrians sign. This would draw attention to the crosswalk. After studying the area there are only certain times of the day the crosswalks would be used and we feel it is unnecessary to stop traffic all the time at this location but we did think it was necessary to call attention to the crosswalk at this location. These signs are not at any other location in town but are an approved traffic control devise sign.

BOARD RECOMMENDATION: Board agrees with the Staff recommendation to deny the stop sign request and place a yield sign at that location instead.

C. Consideration of request by Tina Hanna to designate the east side of the 100 block of north Louisa and just south of 9th as a no parking zone.

STAFF RECOMMENDATION: Staff recommends approval of request
Michael Ludi states this item was a carryover from the last meeting. There is a resident living on this street that would not have parking at their house if this was made no parking zone. Ludi states he spoke with the resident Margaret Buckles and she stated she has the same issues with the parking in that area and would like this to be a no parking zone. Ms. Buckles wrote a letter stating the request for the no parking zone and gave it to Tina Hanna. Staff would recommend at this time to approve the designation of the east side of the 100 block of North Louisa and just south of 9th street as a no parking zone.

BOARD RECOMMENDATION: Board agrees with the Staff to designate the east side of the 100 block of North Louisa and just south of 9th street as a no parking zone.

A motion was made by Vice-Mayor Harrod, seconded by Commissioner Agee, to approve the Consent Agenda Items a-c. Motion carried 7-0.

AYE: Harrod, Agee, Mainord, Hall, Winterringer, Smith, Stephens
NAY: None

AGENDA ITEM NO. 10: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)

Arnold Davis congratulated the new Mayor and Commissioners and wished them the best of luck.

AGENDA ITEM NO. 11: Mayor’s Presentation of Oklahoma Certified Emergency Manager credentials to Raymond J. “Butch” Lutomski.

Mayor Wes Mainord presented the Oklahoma Certified Emergency Manager credentials to Raymond J. “Butch” Lutomski.

AGENDA ITEM NO. 12: Consider setting the official “Trick or Treat” night for Halloween.

Police Chief Russell Frantz recommended the official “Trick or Treat” night be Wednesday, October 31st. Chief Frantz said that the City usually sets trick or treat for October 31st unless that date falls on a Sunday, then October 30th is the designated night.
A motion was made by Vice-Mayor Harrod, seconded by Commissioner Agee, to approve setting the official “Trick or Treat” night for Halloween on Wednesday, October 31, 2012. Motion carried 7-0.

AYE: Harrod, Agee, Mainord, Hall, Winterringer, Smith, Stephens
NAY: None

AGENDA ITEM NO. 13: 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. 14: Administrative Reports

Emergency Management Director Don Lynch provided an update on securing alternate tornado shelter facilities. He stated that he expects to bring an agreement to the Commission for the use of a new facility at the October 15th City Commission meeting, to be followed by an agreement for a second facility at the November 5th meeting. Mr. Lynch said that the current facilities will be fully operational until the transition to new facilities is made.

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO RECONVENE SHAWNEE MUNICIPAL AUTHORITY AND SHAWNEE AIRPORT AUTHORITY AT 7:18 P.M.

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR AT 7:31 P.M.

AGENDA ITEM NO. 15: Commissioners Comments

Vice-Mayor Harrod complimented the Parks Dept. on the work done at Boy Scout Park.
Vice-Mayor Harrod also questioned Community Development Director Justin Erickson on the status of the demolition of the Al & James building. Mr. Erickson responded that asbestos removal was completed last week and demolition is expected to be completed within ten days.
Commissioner Smith welcomed the Mayor and new Commissioners to the City Commission board.

AGENDA ITEM NO. 16: Consider an Executive Session to discuss potential claims, litigation or other options regarding encroachment into City’s utility service area by other entities as authorized by 25 O.S. §307(B)(4).

A motion was made by Vice-Mayor Harrod, seconded by Commissioner Winterringer, to enter into Executive Session to discuss potential claims, litigation or other options regarding encroachment into City’s utility service area by other entities as authorized by 25 O.S. §307(B)(4). Motion carried 7-0.

AYE: Harrod, Winterringer, Smith, Stephens, Agee, Mainord, Hall
NAY: None

AGENDA ITEM NO. 17: Consider an Executive Session for discussion and possible action on any litigation pending against the City of Shawnee by the Shawnee Area Chamber of Commerce as authorized by 25 O. S. §307 (B)(4) on the recommendation of counsel that public discussion would impair the ability of the City Attorney to adequately defend the City.

A motion was made by Vice-Mayor Harrod, seconded by Commissioner Hall, to enter into Executive Session for discussion and possible action on any litigation pending against the City of Shawnee by the Shawnee Area Chamber of Commerce as authorized by 25 O. S. §307 (B)(4) on the recommendation of counsel that public discussion would impair the ability of the City Attorney to adequately defend the City. Motion carried 7-0.

AYE: Harrod, Hall, Winterringer, Smith, Stephens, Agee, Mainord
NAY: None

COMMISSION ENTERS EXECUTIVE SESSION AT 7:37 P.M.

COMMISSION RETURNS FROM EXECUTIVE SESSION WITH ALL COMMISSIONERS PRESENT AT 9:36 P.M.

AGENDA ITEM NO. 18: Consideration and possible action on matters discussed in Executive Session regarding potential claims, litigation or other options regarding encroachment into City’s utility service area by other entities as authorized by 25 O.S. §307(B)(4).

No action taken.

AGENDA ITEM NO. 19: Consideration and possible action on matters discussed in Executive Session regarding any litigation pending against the City of Shawnee by the Shawnee Area Chamber of Commerce as authorized by 25 O. S. §307 (B)(4) on the recommendation of counsel that public discussion would impair the ability of the City Attorney to adequately defend the City.

A motion was made by Vice-Mayor Harrod, seconded by Commissioner Hall, to accept staff’s recommendation to form a subcommittee to reopen negotiations with the Shawnee Area Chamber of Commerce to amend the contract for operating the Convention and Visitors Bureau, with the City Manager and City Attorney to participate in the negotiations. Motion carried 7-0.

AYE: Harrod, Hall, Winterringer, Smith, Stephens, Agee, Mainord
NAY: None

A motion was made by Vice-Mayor Harrod, seconded by Commissioner Hall, to appoint Mayor Wes Mainord and Commissioner Steve Smith to the subcommittee to reopen negotiations with the Shawnee Area Chamber of Commerce to amend the contract for operating the Convention and Visitors Bureau. Motion carried 6-0-1.

AYE: Harrod, Hall, Winterringer, Stephens, Agee, Mainord
NAY: None
ABSTAIN: Smith

AGENDA ITEM NO. 20: Adjournment

There being no further business to be considered, a motion was made by Vice-Mayor Harrod, seconded by Commissioner Winterringer, that the meeting be adjourned. Motion carried 7-0. (9:41 p.m.)

AYE: Harrod, Winterringer, Smith, Stephens, Agee, Mainord, Hall
NAY: None



WES MAINORD, MAYOR

ATTEST:

_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK

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