BOARD OF CITY COMMISSIONERS PROCEEDINGS
JULY 16, 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, Monday, July 16, 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
Absent 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: Pam Stephens, Ward I
INVOCATION Don Lynch
Emergency Management Director
FLAG SALUTE
AGENDA ITEM NO. 1: Consider approval of Agenda.
A motion was made by Commissioner Winterringer, seconded by Commissioner Harrod, to approve the Agenda. 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 14.
b. Minutes from the June 18, 2012 regular meeting.
c. Acknowledge July 2, 2012 meeting cancellation due to lack of quorum.
d. Budget Amendments for CDBG Entitlement Grant Fund for 2011, 2010, 2009, 2008, 2007 and 2006.
Appropriate CDBG Entitlement Funds for these years (Rollover)
e. Budget Amendment for HOME Rehab Program Income
Appropriate HOME Grant Program Income for Housing Rehabilitation (Rollover)
f. Budget Amendment for ODOC NSP Program Income Fund
Appropriate NSP Funds from ODOC for Housing Rehabilitation (Rollover)
g. Acknowledge the following minutes and reports:
• Shawnee Civic and Cultural Development Authority Minutes from May 17, 2012
• Traffic Commission Minutes from February 28, 2012 and March 27, 2012
• Shawnee Urban Renewal Authority minutes from June 5, 2012
• Project Payment Report for June 2012
• License Payment Report for June 2012
h. Lake Lease Renewals and Transfer:
Renewals
• Lot 1 Damron Tract, 33701 Belcher Road
L. and B. Smith
• Lot 3 Seck Tract, 33708 Post Office Neck
M and R. Wahkinney
• Lot 9A Eckel Tract, 15115 Eckel Road
M. Turk
• Lot 7 Johnston Tract, 16706 Magnino Road
G. Blankenship, Jr.
• Lot 4 Johnston Tract, 16800 Magnino Road
E. Moore
• Lot 2 Seck Tract, 33704 Post Office Neck
R. and H. Lamb
• Lot 10 Coffman Tract, 15201 Perry Road
L. and A. Redwine
• Lot 4 Belcher Tract, 15508 Nickens Road
E. Chidester
Transfer
• Lot 8 Magnino A Tract, 17230 Magnino Road
From: H. Miller
To: J. and V. Spivey
i. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for John Caruso.
j. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Jonathan Shane Presley.
k. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Roger Smith.
l. Approve Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Seth McDonnell.
m. Approve Oklahoma Municipal Retirement Fund Normal Retirement for Karen Drain.
n. Traffic Commission Recommendations and Information from June 26, 2012.
Consideration of request by staff to designate Bradley Street from Bryan East to Lantana Circle as a no parking zone.
o. Authorize Police Department to purchase 8 police package vehicles. Five 2012 Police Chevy Tahoes and three 2013 Ford Police Utility vehicles at a cost of $210,599.00.
p. Mayor’s appointment and re-appointments:
Pioneer Library System Board
Bob Perry 1st Full Term Expires 6-30-15
Planning Commission
Chris Silvia 2nd Full Term Expires 6-30-15
Ben Salter 2nd Full Term Expires 6-30-15
q. Approve Memorandum of Understanding between the District Attorney’s Office, 23rd Judicial District and the Shawnee Police Department regarding “Stop Violence Against Women Grant”.
r. Accept recommendation for purchase of library furniture at a state contract price of $59,000.00 with the library donating $9,000.00 toward the purchase price.
s. Request to go out for RFQ’s for design and construction of Shawnee Municipal Pool.
Commissioner Sims requested that Item 2-g be pulled for separate consideration, Vice-Mayor Collier requested Item 2-n be pulled for separate consideration, and Commissioner Harrod requested that Item 2-s be pulled for separate consideration. A motion was made by Commissioner Harrod, seconded by Vice-Mayor Collier, to approve the Consent Agenda Items a-r, less item 2-g, 2-n and 2-s. Motion carried 6-0.
Regarding item 2-g, Commissioner Sims questioned the Shawnee Civic and Cultural Development Authority minutes from May 17, 2012 meeting in reference to payment made to Mike McCormick in the amount of $300.00.
A motion was made by Commissioner Sims, seconded by Commissioner Smith, to approve Item 2-g, less the SCCDA minutes and defer those minutes until the next meeting for more explanation. Motion carried 6-0.
Regarding item 2-n, Traffic Commission Recommendations, the staff had recommended approval and the Traffic Commission had recommended denial. The question to clarify was if the Commission approved the item, which recommendation would they be approving. John Krywicki advised if the commission approved, they would be approving the Traffic Commission recommendation for denial.
A motion was made by Vice-Mayor Collier, seconded by Commissioner Sims, to approve the Traffic Commission recommendation to deny request for designation of Bradley Street from Bryan east to Lantana Circle as a no parking zone. Motion carried 6-0.
AYE: Collier, Sims, Harrod, Peterson, Winterringer, Smith
NAY: None
Regarding item 2-s, Commissioner Harrod would like to approve only the design aspect of the Shawnee Municipal Pool and not the construction, at this time. James Bryce, Parks Director, advised he is requesting accepting RFQ’s for a firm to design and oversee the construction. It would come back to the commission for approval on any project recommended for construction and would be considered at that time.
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to request RFQ’s for Shawnee Municipal Pool design and set up a committee to be named at a later date to advise on pool design. Motion carried 6-0
AYE: Harrod, Sims, Peterson, Collier, Winterringer, Smith
NAY: None
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: A public hearing and consideration of a Conditional Use Permit in C-3; Automotive, Commercial and Recreation district for property located at 924 N. Harrison. Case #P10-12 Applicant: Don Ciros Tacos
Mayor Peterson declared a public hearing for public comments. No one appeared to speak in favor/against the rezoning and the public hearing was closed.
A motion was made by Commissioner Smith, seconded by Vice-Mayor Collier, to approve a Conditional Use Permit in C-3; Automotive, Commercial and Recreation district for property located at 924 N. Harrison.
Ordinance No. 2481 NS was introduced.
AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, TO-WIT: THE EAST 150 FEET OF LOTS SEVEN (7) AND EIGHT(8), BLOCK SEVEN (7), DEXTER’S SECOND ADDITION TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM C-3; AUTOMOTIVE, COMMERCIAL AND RECREATION TO C-3P; AUTOMOTIVE, COMMERCIAL & RECREATION DISTRICT WITH CONDITIONAL USE PERMIT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.
AGENDA ITEM NO. 5: A public hearing and consideration of approval for a one operator beauty parlor for property located at 1415 N. Union. Case #P11-12 Applicant: Jennifer Pelletier-Armanda
Mayor Peterson opened the public hearing for public comments. The applicant was available to answer any questions. No one appeared to speak in favor/against the rezoning and the public hearing was closed.
A motion was made by Vice-Mayor Collier, seconded by Commissioner Harrod, to allow a one operator beauty parlor for property located at 1415 N. Union with the following conditions:
1. The signage for the business must follow the current sign regulations where the applicant is permitted one non lighted sign no larger than two square feet to be affixed to the structure.
2. The hours of operation shall be 1 pm to 9pm.
3. The operator must be a resident of the home.
4. Only one chair is permitted.
5. Parking must be off the street and a turnaround must be provided behind fenced gate so vehicles are not backing into the public streets and out of the right of way.
Motion carried 5-1.
AYE: Collier, Harrod, Peterson, Winterringer, Smith
NAY: Sims
AGENDA ITEM NO. 6: A public hearing and consideration of rezoning property located at 4030 N. Kickapoo from R-1; Single Family Residential to C-3; Automotive, Commercial and Recreation. Case #P12-12 Applicant: O’Reilly Automotive Store
Mayor Peterson declared a public hearing for public comments. Roger McMahan came forward with questions concerning the easement, fence line and drainage behind the property. This backs up to a residential area with fences set back 7 ½ feet from the property line. Mr. McMahan’s question is will the required fence for O’Reilly’s be on the property line or will it be set back 7 ½ feet from the property line allowing for access to utilities located in this easement. Community Development Director Justin Erickson explained there will be a required drainage plan and they will work with the property owner to set requirements for the fencing. The commission had concerns about the metal building and what would be done to improve the appearance. Alan Riddle, representing O’Reilly’s, showed a picture to the commission of a recent structure built by O’Reilly’s and their plan is for some type of siding for decorative purposes. No others appeared to speak in favor/against the rezoning and the public hearing was closed.
A motion was made by Commissioner Sims, seconded by Commissioner Harrod, to approve the rezoning of property located at 4030 N. Kickapoo from R-1; Single Family Residential to C-3; Automotive, Commercial and Recreation.
Ordinance No. 2482NS was introduced.
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 SIX (6), BLOCK TWO (2), COLLEGE VIEW ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM R-1; SINGLE FAMILY RESIDENTIAL TO C-3; AUTOMOTIVE, COMMERCIAL & RECREATION DISTRICT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.
Motion carries 6-0.
AYE: Sims, Harrod, Peterson, Collier, Winterringer, Smith
NAY: None
AGENDA ITEM NO. 7: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Defined Contribution Plan for Joe Punneo.
A motion was made by Vice-Mayor Collier, seconded by Commissioner Smith, to approve the Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Defined Contribution Plan for Joe Punneo. Motion carries 6-0.
AGENDA ITEM NO. 8: Consider an ordinance relating to water and sanitary sewer rates.
A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to defer the ordinance relating to water and sanitary sewer rates until the next commission meeting due to correction to be made in Section 3. Motion carried 6-0.
Cindy Sementelli, Finance Director/Treasurer, presented information regarding the latest sales tax report from the Oklahoma Tax Commission. Ms. Sementelli reported that sales tax receipts are up $61,090.00 or 4.49% compared to last year.
AGENDA ITEM NO. 10: Presentation on status of Kickapoo Street Widening Project.
City Engineer John Krywicki presented a time line showing what the city has done since May 3. All documentation that was requested by ODOT has been turn into ODOT and has been accepted as complete. Bid letting should be within 60 days and Mr. Krywicki will try to get firm dates from ODOT as soon as they are available.
AGENDA ITEM NO. 11: Discuss and consider directing staff to begin financing process for budgeted projects.
City Manager Brian McDougal advised he had spoken with bond counsel concerning borrowing for projects such as the Municipal Pool and the north communication tower. At this time interest rates are extremely low but we only have $2,000,000 available to borrow tax free until January 1, 2013, due to the amount Oklahoma Baptist University has used against our $10,000,000 available yearly. If we borrow the $2,000,000 now and wait until January 2013 to borrow any additional money it would require separate loan closing cost and might increase the cost enough to offset any savings on interest rates.
James Bryce, Parks Director, stated we are not ready to begin on the Municipal Pool. We are in the process of receiving RFQ’s for design and there is enough money in the budget to begin this process.
Don Lynch, Emergency Management Director, gave a timeline sheet showing what needed to be done and in what order for the north communication tower. The first item is to begin the process of applying for a FCC license for the tower. At that time we will know how many channels the FCC will allow and then we will know how much equipment is needed and where it needs to be placed. There is money in the budget to hire a consultant to begin the process of the FCC license.
Mayor Peterson is concerned about the safety issues involved in not having the coverage of towers that is needed.
AGENDA ITEM NO. 12: Presentation and discussion of documents prepared by staff concerning a trust indenture for the CVB.
City Attorney Mary Ann Karns reported she had prepared a sample Trust Indenture for the Convention and Visitors Bureau, at the request of the City Commission. This sample Trust Indenture had many options and alternatives for discussion by the commission committee appointed to look into options for a change of management of the Convention and Visitor Bureau. She had sent a copy to the commissioners for comments or input and received no response except from Commissioner Harrod.
Ms. Karns addressed other alternatives such as a 501C(3) organization or change of the contract/agreement with the Shawnee Chamber of Commerce.
Mayor Peterson would like for the committee to take a look at the sample. Commissioner Harrod advised the committee has only met one time and now Commissioner Stephens is not available to meet due to military commitment. He also wants the Convention and Visitors Bureau to be involved and have an opportunity to respond to any draft before a final draft for consideration. Commissioner Sims wants to know what it will take to bring a final draft to the commission to be voted on and when this could take place.
Mary Ann Karns wants more direction on what type organization the commission wants for the CVB. Commissioner Sims responded he would like it to be set up like the Shawnee Civic and Cultural Development Authority with a board and employees to be city employees.
City Manager Brian McDougal suggested that the committee that is in place now meet and then bring back a recommendation to the commission.
One concern is the property that was purchased by the CVB and title put in the Shawnee Chamber of Commerce name. Commissioners seem to agree that this property should be placed in the City of Shawnee name and the city attorney stated she believes the property belong to the City of Shawnee.
Commissioner Harrod asked for input on what type organization each commissioner would recommend and for that input to be sent to the city attorney to help write a document for the committee to discuss.
AGENDA ITEM NO. 13: Consider and approve granting of Easement(s) to the Oklahoma Department of Transportation (ODOT) for the reconstruction and widening of SH102.
A motion was made by Commissioner Harrod, seconded by Commissioner Smith, to approve granting of Easement(s) to the Oklahoma Department of Transportation (ODOT) for the reconstruction and widening of SH102. Motion carried 6-0.
a. Harrison Street Planter Project Contract No. COS-PW-11-06 (Open)
BIDDER AMOUNT
Parathon $101,620.94
Rudy Construction $ 98,624.25
Nash Construction $121,241.00
City Engineer John Krywicki read the bids into the record and requested that the bid award be deferred to the next meeting to allow staff to review and check references.
A motion was made by Commissioner Harrod, seconded by Vice-Mayor Collier, to defer the bid award to the August 6, 2012 City Commission meeting. Motion carried 6-0.
Director of Operations James Bryce announced that four bids were received and after review and consideration it was staff’s recommendation to award the bid, with the Alternate, to Mid-American Roofing of Oklahoma City, Oklahoma in the amount of $158,135.00.
A motion was made by Commissioner Harrod, seconded by Vice-Mayor Collier, to accept staff’s recommendation and award the bid, with the Alternate, to Mid-American Roofing in the amount of $158,135.00. Motion carried 6-0.
c. Bryan and Independence Streets Signalization Project Contract No. COS-PWA-11-08 (Award)
City Engineer John Krywicki announced that three bids were received and after review and consideration it was staff’s recommendation to award the bid to Traffic & Lighting Systems of Oklahoma City, Oklahoma in the amount of $198,562.60.
A motion was made by Commissioner Smith, seconded by Vice-Mayor Collier, to accept staff’s recommendation and award the bid to Traffic & Lighting Sytems in the amount of $198,562.60. Motion carried 6-0.
d. Kulhbird Lane Hazard Mitigation Project Contract No. COS-PW-11-09 (Award)
City Engineer John Krywicki announced that three bids were received and after review and consideration it was staff’s recommendation to award the bid to C-P Integrated Services, Inc. of Oklahoma City, Oklahoma in the amount of $54,211.30.
A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to accept staff’s recommendation and award the bid to C-P Integrated Services, Inc. in the amount of $54,211.30. Motion carried 6-0.
e. FY11-12 Rehab Asphalt Streets Project Contract No. COS-PW-11-10 (Open)
City Engineer John Krywicki announced that four bids were received and after review and consideration it was staff’s recommendation to award the bid to Nash Construction of Oklahoma City, Oklahoma in the amount of $589,090.00.
A motion was made by Commissioner Sims, seconded by Commissioner Smith, to accept staff’s recommendation and award the bid to Nash Construction in the amount of $589,090.00. Motion carried 6-0.
f. FY11-12 Rehab Concrete Streets Project Contract No. COS-PW-11-11 (Open)
City Engineer John Krywicki announced that six bids were received and after review and consideration it was staff’s recommendation to award the bid to All Roads Paving, Inc. of Oklahoma City, Oklahoma in the amount of $387,409.00.
A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to accept staff’s recommendation and award the bid to All Roads Paving, Inc. in the amount of $387,409.00. Motion carried 6-0.
g. The Demolition of Structure Located at 217 N. Beard
Community Development Director Justin Erickson announced that five bids were received and after review and consideration it was staff’s recommendation to award the bid to M&M Wrecking, Inc. of Blanchard, Oklahoma in the amount of $43,723.00.
A motion was made by Commission Harrod to delay the demolition of this building until a mold inspection could be done. Motion died for lack of a second.
A motion was made by Commissioner Sims, seconded by Commissioner Smith, to accept staff’s recommendation and award the bid to M&M Wrecking, Inc. in the amount of $43,723.00. Motion carried 5-1.
AGENDA ITEM NO. 15: 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. 16: Administrative Reports
There were no Administrative Reports
AGENDA ITEM NO. 17: Commissioners Comments
Commission Harrod invited everyone to drive by the Expo Center and take a look at the landscaping and grass. Commissioner Sims stated that the grass would need some care, perhaps rolling the new turf to help repair it and asked about getting a street sweeper out to the Expo Center.
AGENDA ITEM NO. 18: Adjournment
There being no further business to be considered, a motion was made by Commissioner Sims, seconded by Commissioner Winterringer, that the meeting be adjourned. Motion carried 6-0. (8:43 p.m.)
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