BOARD OF CITY COMMISSIONERS PROCEEDINGS
MARCH 15, 2010 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, March 15, 2010 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
Frank Sims
Commissioner Ward 1-Vice Mayor Commissioner Ward 2
James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4
John Winterringer Carl Holt
Commissioner Ward 5 Commissioner Ward 6
ABSENT: Pam Stephens
INVOCATION REV. LEROY KERBO OAK PARK CHURCH OF GOD
FLAG SALUTE
AGENDA ITEM NO. 1: Consider approval of Agenda:
A motion was made by Commissioner Harrod, seconded by Commissioner Holt, to approve the Agenda and move Agenda Item No. 9 to be considered after Agenda Item No. 14. Motion carried 6-0.
AGENDA ITEM NO. 2: 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 9.
b. Minutes from the March 1, 2010 meeting.
c. Transfer of Appropriation – FY 2009-10 SMA 501
d. Acknowledge the following minutes and reports:
• Shawnee Beautification Committee minutes from January 4, 2010
• Planning Commission minutes from February 3, 2010
• Shawnee Urban Renewal Authority minutes from January 5, 2010
• Shawnee Civic and Cultural Development Authority minutes from January 21, 2010
• Sister Cities Council minutes from February 9, 2010
• License Payment Report through February 28, 2010
• Project Payment Report through February 28, 2010
e. Authorize Police Department to purchase two (2) 2010 4x4 Ford Expeditions at the state purchasing price of $34,110.00 each from Bob Hurley Ford Government Sales.
f. Acknowledge waiving Sections 8-431 and 8-434 of the Code of the City of Shawnee involving garage sale licenses and fees for the weekend of April 2-4, 2010 to help citizens prepare for the City's Spring Clean Up.
g. Lake Site Lease Transfer and Renewals:
Transfer:
• Lot 9 Magnino Tract, 16724 Clearpond lane
From: R. Hill and L. Hill
To: P. Hill
Renewals:
• Lot 6 Johnston Tract, 16708 Magnino Road
K. Davis
• Lot 22 Belcher Tract, 33410 Post Office Neck
G. Engel and C. Engel
• Lot 15B Belcher Tract, 33308 Post Office Neck
T. Gabel and M. Gabel
• Lot 15A Belcher Tract, 33310 Post Office Neck
J. Hays and J. Hays
• Lot 14, 10N, 2E, Metes & Bounds Tract, 33504 Lake Road
Camp Fire USA
• Lot 17 Belcher Tract, 33314 Post Office Neck
J. Rostochil and L. Rostochil
A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to approve Consent Agenda Item 2 (a-g) as presented. Motion carried 6-0.
AGENDA ITEM NO. 3: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 4: Mayor’s Proclamation
“Arbor Day”
March 25, 2010
Proclamation was read by Commissioner Holt and accepted by Interim Operations Manager, James Bryce
AGENDA ITEM NO. 5: Presentation from Denise May, Executive Director of Downtown Shawnee on Downtown Shawnee status.
Denise May, Executive Director of Downtown Shawnee, reported that as of January, they are no longer a Main Street Program. This will free up much time and effort that can be better utilized. The Policy and Procedure manual for the Downtown Shawnee program is being re-written. The role of Executive Director is being revised to more of a sales and marketing position, no longer spending as much time overseeing the Main Street committees. She is planning to move the Downtown Shawnee office to a store front area on Main Street for more accessibility. The plan now is to have two major special events and not so many small events. These two events are Shawnee History Week sometime in June and multiple events at Christmas time, not just the parade. More marketing and advertising will be done to promote dining and shopping downtown for tourism. Membership by sponsorship will be encouraged. Organization of a viable volunteer base rather than just Main Street committees is the goal. More areas of downtown will become involved.
AGENDA ITEM NOL. 6: Public hearing and consideration of an ordinance to rezone property from A-1; Agricultural to R-1; Single Family Residential for property located at 2427 E. Bradley. Case #P01-10 (Applicant: Doyle and Stacy Herron)
Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property located at 2427 E. Bradley.
Mayor Peterson asked if anyone wished to appear in favor of or in protest of the rezone.
The subject property is currently zoned A-1 and is less than five acres in size. The Shawnee Comprehensive Plan (Future Land Use Map) recommends that the site develop residentially and the proposed R-1 (Single Family Residential) classification is the City’s least dense residential zoning classification.
Bradley Street will be extended along the north boundary of the property during construction of the final phase of the plat of Windmill Ridge. At that time, the site will be readily served by public roads and public water and sewer.
Based on the analysis, Staff recommends approval of the request to rezone the subject property from A-1 to R-1 (Single Family Residential) as submitted by applicant.
No others appeared and the public hearing was closed.
Ordinance No. 2425NS was introduced and read aloud.
ORDINANCE NO. 2425NS ENTITLED “AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, TO-WIT: LOT THIRTEEN (13), CROSE'S ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, LESS AND EXCEPT THE FOLLOWING TRACT OF LAND MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF LOT THIRTEEN (13), SAID POINT BEING 700.00 FEET S00°38'53"E AND 33.00 FEET N89°29'13"E OF THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER (SW/4) OF SECTION NINE (9), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE N89°29'13"E ON THE NORTH LINE OF SAID LOT THIRTEEN (13) AND PARALLEL TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER (SW/4) FOR A DISTANCE OF 303.50 FEET; THENCE S00°38'53"E AND PARALLEL TO THE WEST LINE OF SAID SOUTHWEST QUARTER (SW/4) FOR A DISTANCE OF 155.00 FEET; THENCE S89°29'13"W FOR A DISTANCE OF 303.50 FEET; THENCE N00°38'53"W FOR A DISTANCE OF 155.00 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO R-1; SINGLE FAMILY RESIDENTIAL AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.
A motion was made by Commissioner Sims, seconded by Commissioner Holt, that Ordinance No. 2425NS be approved. Motion carried 6-0
Thereupon Mayor Peterson declared Ordinance No. 2425NS duly passed and adopted.
AGENDA ITEM NO. 7: Public hearing and consideration of an ordinance amending the Subdivison and Development Standards of the City of Shawnee, Article IV, Section 40.2.8 to modify the existing sidewalk requirements by allowing for a fee-in-lieu of sidewalk construction option.
Mayor Peterson declared a public hearing in session to consider an ordinance to amending the Subdivision and Development Standards of the City of Shawnee, to modify the existing sidewalk requirements by allowing for a fee-in-lieu of sidewalk construction option.
Mayor Peterson asked if anyone wished to appear in favor of or in protest of the amendment.
Planning Director Justin Erickson stated that Oklahoma City, Tulsa, and Edmond have adopted provisions so that they may accept a fee in-lieu of sidewalk construction. In-lieu of installing the sidewalk, the applicant agrees to pay an equivalent amount into a City sidewalk fund, which can only be spent on sidewalk repair, maintenance and construction at sites chosen by the City. The ordinance will also eliminate the variance procedure.
Mayor Peterson requested annual report on the amount collected and spent.
No others appeared and the public hearing was closed.
Ordinance No. 2526NS was introduced and read aloud.
ORDINANCE NO. 2426NS ENTITLED “AN ORDINANCE RELATING TO SIDEWALKS, AMENDING SECTION 40.2.8 OF THE SHAWNEE MUNICIPAL CODE ESTABLISHING IN-LIEU FEES FOR SIDEWALK WAIVERS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.”
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve Ordinance No. 2426NS. Motion carried 6-0.
Thereupon Mayor Peterson declared Ordinance No. 2426NS duly passed and adopted.
AGENDA ITEM NO. 8: Acknowledge Sales Tax Report through March 2010 and approve Decrease of Appropriations in General Fund.
Interim Finance Director Stephen Nolen updated the commissioners regarding the March 2010 sales tax report. Nolen noted that the sales tax is not as bad as the last couple of months but is still showing a downward trend at $630,000 under actuals. Mr. Nolen discussed the budget cuts that had been made by the department heads earlier in the year. These were informal decreases in the appropriations and now these are being formalized in order to plan for the next year budget.
A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to acknowledge sales tax and approve decrease in appropriations, as presented. Motion carried 6-0.
MAYOR PETERSON ANNOUNCED THAT THE COUNCIL WILL DEVIATE FROM THE REGULAR AGENDA AND CONSIDER AGENDA ITEM NO. 9 AFTER AGENDA ITEM NO. 14.
AGENDA ITEM NO. 10: 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. 11: Administrative Reports
John Krywicki, City Engineer, reported on the Kickapoo Street Widening Project. There were 80 parcels needed for Right of Way, of these we are four short and five in condemnation process. This process should take another five to six weeks to complete. Four properties are to be relocated. Once the court appointed commissioner sets a value on the condemned properties, we should be able to determine the total cost of the project to the City of Shawnee. Oklahoma Department of Transportation will begin to let contracts for bid once the utilities relocation is under way. Mr. Krywicki expects the construction to start in early spring of 2011.
Don Lynch, Emergency Management Director, reported the disaster declaration for the Christmas time blizzard had been made. After meeting with FEMA, the paper work process has begun and FEMA will be sharing 75% of the cost with the state picking up 12.5% and the additional 12.5% the responsibility of the city. January snow storm disaster declaration came last week and he will begin working on this sometime next week. Mr. Lynch reported the Safe Community Award Banquet has been changed to a reception in the afternoon due to a scheduling conflict.
City Manager Brian McDougal reported on issues involving the Pottawatomie County Development Authority (PCDA). Shawnee City Manager and Tecumseh City Manager both sit on the PCDA Board of Trustees. There was $225,000 held over from the construction bond money to be used for Wes Watkins Reservoir maintenance and operation. Since 2005 losses from water sales and reservoir maintenance and operations have resulted in the $225,000 being depleted. At this point, the City of Shawnee and the City of Tecumseh would be required to pick up the additional expense over income on the reservoir recreation facility with Shawnee paying 85% and Tecumseh paying 15%. The City of McLoud has offered to contract for Maintenance and Operation at Wes Watkins Reservoir Recreational facility. A PCDA committee was formed to discuss this option and City of McLoud took a copy of the reservoir recreation budget to see if they could find areas where money might be saved. McLoud feels they could save approximately $50,000 by a more efficient operation plan. There will be a special called meeting of the PCDA tomorrow to discuss the sub-contract of recreation operations at Wes Watkins reservoir to the City of McLoud. The City of McLoud would like to market the lake more and add additional signage. They would like to make it more economical for the tax payers to be able to use the facility. Having concessions available at the lake would also be helpful for the visitors. The Mayor expressed concerns on saving money and continuing to provide the same level of service.
Interim Finance Director, Steve Nolen, presented a budget schedule.
AGENDA ITEM NO. 12: Commissioners Comments
Commissioner Harrod inquired about the progress on the financing for the water line. He then asked about the sidewalks from Leo Street to St. Gregory’s and Middle School to neighborhood apartment complex.
Commissioner Holt announced the street lights on Airport Drive were in the process of being installed.
Commissioner Harrod then asked the status of the contract for the Airport Terminal and was advised we were waiting on FAA approval.
AGENDA ITEM NO. 13: Consider an Executive Session to discuss status of Collective Bargaining Agreement with the IUPA, Local No. 3, for FY 2010-2011 as authorized by 25 O.S. §307(B)(2).
A motion was made by Commissioner Collier, seconded by Commissioner Sims, to enter into Executive Session to discuss status of Collective Bargaining Agreement with the IUPA, Local No. 3, for FY 2010-2011 as authorized by 25 O.S. §307(B)(2).
CITY COMMISSIONERS ENTER INTO EXECUTIVE SESSION AT 7:39 P.M. WITH ALL COMMISSIONERS PRESENT
CITY COMMISSIONER RECONVENE IN REGULAR SESSION AT 8:50 P.M. WITH ALL COMMISSIONERS PRESENT
AGENDA ITEM NO. 14: Consider matters discussed in Executive Session regarding status of Collective Bargaining Agreement with the IUPA, Local No. 3 for FY 2010-2011 as authorized by O.S. §307(B)(2).
There was no action taken.
AGENDA ITEM NO. 9: Consider Bids:
a. Surplus Property located at 435 S. Lincoln, Shawnee, Oklahoma. Legal: Lots 9-14 in Block 1 of Templeton-Riggs and Kennards Addition to the City of Shawnee 435 S. Lincoln (Open)
BIDDER AMOUNT
W.R. HALEY
Shawnee, OK $700.00
MAX KNOWLTON
Shawnee, OK $5,200.00
A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to defer bids to staff for review and recommendation at the next City Commission meeting. Motion carried 6-0.
AYE: Harrod, Collier, Winterringer, Holt, Sims, Peterson
NAY: None
b. Solid Waste Collection and Disposal Services (Open)
SEE ATTACHMENT “A”
A motion was made by Commissioner Holt, seconded by Commissioner Harrod to table this item until staff is ready to present to commission.
COMMISSION NOW RETURNS TO THE FORMAL AGENDA
AGENDA ITEM NO. 15: Adjournment
There being no further business to be considered, a motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, that the meeting be adjourned. Motion carried 6-0. (9:10 p.m.)
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