Date: 2/3/2003Board: City CommissionDocumentType: MinutesWeb Posted: 2/18/2003 1:53:00 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS

FEBRUARY 3, 2003 AT 7:00 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, February 3, 2003 at 7:00 p.m., pursuant to notice duly posted as prescribed by law. Mayor Harden presided and called the meeting to order. Upon roll call, the following members were in attendance.
Chris Harden
Mayor
Tom Claybrook Robert M. Pettyjohn
Commissioner Ward 1 Commissioner Ward 2

James Harrod Bob Weaver
Commissioner Ward 3 Commissioner Ward 4

Linda Peterson Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor

INVOCATION Reverend Mike McCauley
Northeast Freewill Baptist Church

FLAG SALUTE Mayor Harden

Before considering the agenda, City Attorney John Canavan requested that the Commission first consider Agenda Item Nos. 11 and 12.
AGENDA ITEM NO. 11: Consider an Executive Session pursuant to 25 O.S. §307B(4) to discuss pending litigation filed in the District Court of Pottawatomie County, Oklahoma entitled James Harrod and Kaye Steele Harrod vs. the Board of City Commissioners of the City of Shawnee, Oklahoma, Case No. C-03-97.

A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the Commission deviate from the formal agenda go into Executive Session to discuss pending litigation filed in the District Court of Pottawatomie County, Oklahoma entitled James Harrod and Kaye Steele Harrod vs. the Board of City Commissioners of the City of Shawnee, Oklahoma, Case No. C-03-97. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Peterson, Claybrook
NAY: None

CITY COMMISSION NOW IN EXECUTIVE SESSION AT 7:03 P.M. WITH ALL COMMISSIONERS, EXCEPT COMMISSIONER HARROD, PRESENT.

CITY COMMISSION RECONVENED IN REGULAR SESSION AT 7:40 P.M. WITH ALL COMMISSIONERS PRESENT.

AGENDA ITEM NO. 12: Consider matters discussed in Executive Session pursuant to 25 O.S. §307B(4) regarding pending litigation filed in the District Court of Pottawatomie County, Oklahoma entitled James Harrod and Kaye Steele Harrod, Case Number C-03-97.

A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, recommending to hire an independent counsel to represent the Board of City Commissioners of the City of Shawnee due to a conflict of interest for the city attorney and ask staff to make a recommendation and reaffirm the counsel at a later date.


Motion carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harden, Peterson
NAY: None
ABSTAIN: Harrod

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

a. Minutes of the January 21 and January 27, 2003 meetings

b. Budget Amendment in 2001 Home Grant Fund, 2002 Home Grant Fund and Capital Improvement Fund

c. Transfer of Appropriations in Street Improvement Fund

d. Acknowledge the following reports and minutes:

* Shawnee Urban Renewal Authority minutes from the January 7, 2003 meeting.

* Traffic and Transportation minutes from the December 17, 2002 meeting.

e. Acknowledge letter of resignation from Pamela M. Stephens from the Planning Commission.

f. Recommendations from the Traffic and Transportation Commission from the January 28, 2003 meeting:

(1) Consider request from Keith Starnes, 8 Sequoyah to relocate the crosswalk located in the middle of his driveway.

Recommendation: Approved relocation to Independence and Sequoyah Streets and Cherokee and Sequoyah Streets.

(2) Consider petition surveys from residents of Sequoyah Street for removal of No Parking signs from the west side of Sequoyah to permit parking and installing a No Parking sign on the east side of Sequoyah from Independence to Cherokee between the hours of 7:00 a.m. – 4:00 p.m., Monday through Friday.

Recommendation: Approved the installation of No Parking signs on the east side of Sequoyah Street from Independence Street to Cherokee Street and to install No Parking signs on the west side of Sequoyah Street from Independence to Cherokee with loading zones from 7:30 – 8:30 a.m. and 2:30 – 3:30 p.m. Monday through Friday

(3) Consider request from Shannon Redwine, 227 S. Oklahoma, to install a “Slow – Children at Play” sign in the 200 block of South Oklahoma.

Recommendation: Request denied. Increase police surveillance.

(4) Consider request from Mynda Bowden, 3007 N. Bell Street, to install a “Slow – Children at Play” sign at 3007 N. Bell Street.

Recommendation: Request denied.

(5) Consider request from Larry Gentry, 4 Mojave Drive, to install a 4-way stop sign at Union Street and 45th Street.

Recommendation: Approved installation of 4-way stop sign at 45th Street and Union Street and to install 35 m.p.h. speed limit signs on 45th Street from Kickapoo to Harrison.

Before voting on the Consent Agenda, Consent Agenda Item 1f. (1), 1 f.(2); and 1f.(5) were pulled for separate consideration as requested by Commissioners Peterson and Pettyjohn, respectively.



A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to approve the Consent Agenda 1 a-f, less 1f.(1), lf.(2), and 1f.(5). Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None

After discussions and staff reports, the following motions were made.
1f.(1) A motion was made by Commissioner Peterson, seconded by Commissioner Harrod, to delay action on relocating the crosswalk on Sequoyah Street for further investigation to be considered at the first meeting in March. Motion carried.
AYE: Peterson, Harrod, Harden, Weaver, Downing, Claybrook, Pettyjohn
NAY: None

1f.(2) A motion was made by Commissioner Peterson, seconded by Commissioner Harrod, to delay request for removal of “No Parking” signs on Sequoyah Street for further study to be considered at the first meeting in March. Motion carried.
AYE: Peterson, Harrod, Harden, Weaver, Downing, Claybrook, Pettyjohn
NAY: None

1f.(5) A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to deny recommendation from the Traffic and Transportation regarding installation of 4-way stop at 45th Street and Union Street and installing 35 mph speed limit signs on 45th Street from Kickapoo to Harrison to be left “as is.” Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None


AGENDA ITEM NO. 2: Consider approval of City of Shawnee application for Title V Community Prevention Funds grant for $5,000 to go toward juvenile justice and delinquency prevention programs.

Ms. Jan Tipton, representative of Gateway to Prevention and Recovery, appeared before the Commission explaining the purpose in asking the City of Shawnee to apply for a one-year Title V grant of $5,000 for conducting a needs assessment in Shawnee regarding juvenile delinquency prevention programs.
She advised that the applicant would be the City, acting as a pass-through entity, in which Gateway would conduct the research.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to approve the City of Shawnee application for Title V Community Prevention Funds grant for $5,000 to go toward juvenile justice and delinquency prevention programs. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harden
NAY: None

AGENDA ITEM NO. 3: Consider request from Shelley Beene, Chamber Redbud Festival Committee Chairman, for a city-wide garage sale on Saturday, April 12, 2003, and waiving the residential license fees.

A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to approve the request from Shelley Beene, Chamber Redbud Festival Committee Chairman, for a citywide garage sale to be held Saturday, April 12, 2003 and waive the residential license fees. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None

AGENDA ITEM NO. 4: Consider approval of an agreement between Shawnee Municipal Authority, Com Solutions & Systems, Inc., and the Oklahoma Municipal Services Corporation for the purposes of providing wireless broadband internet services to the Authority and its residents.

Mr. Danny George, Executive Director of Oklahoma Municipal League and representing Oklahoma Municipal Services Corporation, was present to explain the benefits of providing the wireless broadband internet services.
He informed that the broadband internet system would be able to offer subscription services to businesses and residential sectors, as well as municipalities with public safety services.
Next, Mr. Steve Nolen, Systems Administrator for the City, gave his recommendation for the city to participate in this project. He noted that the benefits would enhance the Police, Fire, and Emergency Management operations.
He advised that the basic cost would be for purchasing the equipment that would cut the cost rather than paying for a reoccurring service.
The term of the agreement shall be for a period of five years and will be automatically extended for additional terms of five years unless each party notifies the others that they desire to cancel the agreement as set out in accordance with the agreement.
A motion was made by Commissioner Harrod, seconded by Commissioner Peterson, to approve the agreement between Shawnee Municipal Authority, Com Solutions & Systems, Inc., and the Oklahoma Municipal Services Corporation for the purposes of providing wireless broadband internet services to the Authority and its residents. Motion carried.
AYE: Harrod, Peterson, Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: None

AGENDA ITEM NO. 5: Update by staff regarding status of restrooms at KidSpace Park.

Ms. Terry Gilbert, coordinator for the KidSpace Park, at the request of Commissioner Weaver, updated the Commission on the status of the restrooms stating that they were working on two different plans with one as a custom plan and a pre-engineered plan that would be sold as a package and she was waiting to hear from the architect to complete the plans in order to bid the project.
She noted that the time span for starting the construction of the restrooms would be in the springtime.
AGENDA ITEM NO. 6: Consider an ordinance prohibiting parking on east and west sides of Sequoyah Street from Independence Street to Cherokee Street and designating the west side of Sequoyah Street as a loading/unloading zone from 7:30 – 8:30 a.m. and 2:30 – 3:30 p.m. Monday through Friday.

Since this ordinance relates to Agenda Item No. 1f(2), a motion was made by Commissioner Peterson, seconded by Commissioner Harrod, to defer this item to the March 3, 2003 meeting. Motion carried.
AYE: Peterson, Harrod, Harden, Weaver, Downing, Claybrook, Pettyjohn
NAY: None




AGENDA ITEM NO. 7: Consider bid award of one or more 2003 ½ Ton Pickup Trucks.

A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to award the bid for three (3) 2003 ½ ton pickup trucks for the Public Works Department to Harvey’s Inc., Shawnee, Oklahoma, in the amount of $14,220.00 per truck as the lowest and best bid. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None

AGENDA ITEM NO. 8: New Business. (Any matter not known about or which could not have been reasonably foreseen prior to the time of posting agenda)

There was no New Business to be considered.

AGENDA ITEM NO. 9: Administrative Reports.

There were no Administrative Reports.

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

There was no Citizens Participation.

AGENDA ITEM NO. 13: Commissioners’ Comments.

Under Commissioners’ Comments, Commissioner Claybrook asked about the information on the budget’s cost cutting measures requested at the last Commission meeting.
City Treasurer Terry Compton informed the Commission that since City Manager Terry Powell was not present at that meeting, he wanted to


update him and then meet with the department heads to determine where budget cuts should be made.
AGENDA ITEM NO. 14: Adjournment.

There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the meeting be adjourned. Motion carried. (8:14 p.m.)
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Peterson, Claybrook
NAY: None


____________________________________
MAYOR


(SEAL)
ATTEST:


_________________________________
CITY CLERK



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