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 7, 2005 at 5:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Mills presided and called the meeting to order. Upon roll call, the following members were in attendance.
Chuck Mills
Mayor
Tom Claybrook Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2
Linda Peterson Bob Downing
Commissioner Ward 5-Vice Mayor Commissioner Ward 6
INVOCATION Reverend Leroy Kerbo
Oak Park Church of God
FLAG SALUTE
AGENDA ITEM NO. 1: 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 No. 17.
b. Minutes from the February 16 and February 22, 2005 meetings.
c. Acknowledge the following reports and minutes:
* Warrant Officer report for the months of January and February, 2005
* Shawnee Urban Renewal Authority minutes from the February 8, 2005 meeting
* Civic and Cultural Development Authority minutes from the January 20 and January 27, 2005 meeting
* Planning Commission minutes from the February 2, 2005 meeting
d. Lakesite Leases:
Transfers
Lot 1, Green Tract
To: Larry Dean & Robyn Rene Carnes
7704 NW 113th
Oklahoma City, OK 73162
From: C.L. Shepherd
1614 N. Union
Shawnee, OK 74804
Lot 2, Green Tract
To: Larry Dean & Robyn Rene Carnes
7704 NW 113th
Oklahoma City, OK 73162
From: Betty Shepherd
1614 N. Union
Shawnee, OK 74804
Lot 5, Hart Tract
To: Alvin Wayne & Lynne Ellen Woodrell
P.O. Box 4868
West Hills, CA 91308
From: Jayne Hawk & John Costiloe
105 Hart Road
Shawnee, OK 74801
Lot 15, Hart Tract
To: Donna K. Pugh
3505 N. Mueller
Bethany, OK 73008
From: Ronald & Thelma Cook
732 SW 85th St.
Oklahoma City, OK
e. Approve staff to submit application for funding to the Oklahoma Housing Finance Agency for the FY-2004 American Dream Down-Payment Initiative Program and the FY-2005 HOME Investment Partnership Program.
f. Approve application for Oklahoma Municipal Retirement Fund lump sum distribution to Maurice Harris.
g. Approve out-of-state travel for Mike Southard and a City Commissioner and/or Planning Commissioner to attend the APA Legislative and Policy Conference in Washington, D.C. May 11 – 13, 2005.
h. Authorize staff to apply for AIP Grant Master Certification to rehabilitate t-hangar apron and taxiways at Shawnee Regional Airport.
i. Mayor’s Appointments:
Shawnee Housing Authority
Appoint Gladys Ellington to replace Blanche Wilson to a term to expire 2/4/08
Appoint Bryndon Manzer to replace Peggy Ford to a term to expire 2/4/08
Reappoint Harvey Valentine to a term to expire 2/4/08
Traffic and Transportation Commission
Appoint Nola Barger as at-large member to a term to expire 1/1/08
Before voting on the Consent Agenda, Vice Mayor Peterson requested to pull (e) and (h) and Commissioner Hadley requested to pull (g) for separate consideration.
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, to approve the Consent Agenda No. 1(a-i), less (e) (h) and (g). Motion carried.
AYE: Peterson, Hadley, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None
Under 1(e), Vice Mayor Peterson asked staff to elaborate on the purpose of the grant.
Community Development Director Mike Southard reported that the applications to be submitted will be for: American Dream Down payment Assistance (ADDI) for $30,140 to request five (5) first time homebuyers being assisted in down payments and closing costs in purchasing their first home. The second request is for Homebuyer new construction in the amount of $162,400 for two (2) first time homebuyers’ assistance for building two single family homes.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve staff submitting applications for funding to the Oklahoma Housing Finance Agency for FY 2004 American Dream Down Payment Initiative Program and the FY 2005 HOME investment
Considering 1(g), Commissioner Hadley had questions about the feasibility of attending the conference in Washington, DC.
Community Development Director Mike Southard expressed a need to attend or the City could lose over $450,000 in federal funding if the proposed CDBG changes are enacted.
A motion was made by Commissioner Hadley, seconded by Commissioner Downing, to approve out-of-state travel for Mike Southard and a City Commissioner and/or Planning Commissioner to attend the APA Legislative and Policy conference in Washington, D.C. May 11-13, 2005.
Motion carried.
AYE: Hadley, Downing, Schrzan, O’Neal, Mills, Peterson
NAY: Claybrook
Item 1(g), Jerry Sharp, Airport Assistant Manager, briefed the Commission on the purpose of the grant request from FAA.
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, to approve staff to apply for AIP Grant Master Certification to rehabilitate t-hangar apron and taxiways at Shawnee Regional Airport. Motion carried.
AYE: Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley, Peterson
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamation.
“International Demolay Month
March, 2005
(accepted by Matthew Garlington, Youth Leader)
AGENDA ITEM NO. 3: Public hearing and consider an ordinance rezoning property located at 1935 N. Kickapoo Street from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit for use as a liquor store. (Applicant: Donald W. Nash).
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property with a conditional use permit located at 1935 North Kickapoo Street for use as a liquor store.
He asked if any persons wished to appear in favor of or in protest of this rezoning.
Community Development Director Mike Southard gave the staff report stating that the Planning Commission recommended approval of the rezoning. There was approximately fifty percent (50%) protests filed from area neighbors on the east side of the block.
From the staff comments, the property is located within a commercial corridor and the alley behind the property acts as a buffer to the residential neighborhood. Staff does not see any reason to require additional buffers between the commercial and residential districts.
Appearing in favor of the application was the applicant’s daughter, Ms. Lawanda Hansmeyer and Mr. Charles Hill, property owner.
Those appearing in opposition to the rezoning were Ms. Betty Rogers, speaking on behalf of several residents in the audience, and Mr. John Clark, not in protest, but stating that his liquor store was located a few blocks from the proposed liquor store. There being no others to appear, the public hearing was closed.
After due and careful consideration, Ordinance No. 2193NS was introduced and the title read aloud.
Ordinance No. 2193NS 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: Lots thirty-one (31), thirty-two (32), thirty-three (33), thirty-four (34), thirty-five (35), thirty-six (36), thirty-seven (37), thirty-eight (38), thirty-nine (39), and forty (40), Block seventeen (17), Vermillion Heights Addition to the City of Shawnee, Pottawatomie County, Oklahoma according to the recorded plat thereof rezoning said property from C-3, Automotive and Commercial Recreation District to C-3P, Automotive and Commercial Recreation District with conditional use permit; amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2193NS duly passed and adopted.
AGENDA ITEM NO. 4: Consider approval of preliminary plat for Shawnee Mission Plaza Addition, located east of Kickapoo Street and south of Interstate 40. (Applicant: Warren Thomas d/b/a Intervest Development).
Community Development Director Mike Southard reported that the Planning Commission recommended approval of the preliminary plat. This is approximately 140 acres. The development will have regional detention in the floodplain. There were changes recommended by staff and the changes have been made to the revised plat. This is being done in conformance with PUD requirements.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, to approve the preliminary plat for Shawnee Mission Plaza Addition, located east of Kickapoo Street and south of Interstate 40 as submitted with changes by Warren Thomas dba Intervest Development. Motion carried.
AYE: Claybrook, Peterson, Downing, Schrzan, O’Neal, Mills, Hadley
NAY: None
AGENDA ITEM NO. 5: Consider approval of final plat for Shawnee Mission Plaza Addition, Section 5, located east of Kickapoo Street and south of Interstate 40. (Applicant: Warren Thomas d/b/a Intervest Development).
According to city staff, this is a single lot subdivision that conforms to the preliminary plat. This site requires that the sewer be extended from the south and that a temporary drainage detention solution be constructed until the regional detention area is developed.
The Planning Commission recommended approval of the final plat. This will be used for commercial development.
Motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to approve the final plat for Shawnee Mission Plaza Addition, Section 5, located east of Kickapoo Street and south of the Interstate 40 as submitted by Warren Thomas dba Intervest Development. Motion carried.
AYE: Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
AGENDA ITEM NO. 6: Consider approval of final plat for Kickapoo Pointe Section II located north of MacArthur Street and west of Kickapoo Street. (Applicant: David Todd, PE o/b/o BTI Investments, LLC).
According to city staff, this is a single lot subdivision that conforms to the preliminary plat. The Planning Commission recommended approval with the variance and conditions recommended by staff. The developer has made the changes in the revised plat. This will be for a single family residence and the two lots have been combined which meets the Comprehensive Plan.
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, to approve the final plat for Kickapoo Pointe Section II located north of MacArthur Street and west of Kickapoo Street submitted by David Todd, PE on behalf of BTI Investments, LLC. Motion carried.
AYE: Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley, Peterson
NAY: None
AGENDA ITEM NO. 7: Consider approval of final plat for Windmill Ridge West Section II located north of Independence Street and east of Bryan Street. (Applicant: Greg Brown d/b/a Windmill Development, LLC).
A Motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to approve the final plat for Windmill Ridge West Section II located north of Independence Street and east of Bryan Street as submitted by Greg Brown dba Windmill Development, LLC. Motion carried.
AYE: Schrzan, Peterson, Downing, Claybrook, O’Neal, Mills, Hadley
NAY: None
AGENDA ITEM NO. 8: Presentation of eight-month budget and expenditures update from City Treasurer Becky Cragin.
City Treasurer/Finance Director Becky Cragin gave an overview of the revenues and expenses for the past eight months. The average sales tax budgeted for this year was four percent (4%) and the city has slightly exceeded that percentage.
She reported that the expenses are running about $90,000 below revenues. However, there are several projects pending. So far, the savings due to staff reductions were about $113,000.
AGENDA ITEM NO. 9: Consider setting a date for the first budget retreat.
City Manager Jim Collard asked the Commission to set the date for the budget retreat that will probably last for at least five hours to go over the initial budget for FY 2005-2006.
Motion was made by Vice Mayor Peterson, seconded by Commissioner Hadley, to set a special called session for budget review on Saturday, March 26th to begin around 8:00 a.m. with the location to be announced later. Motion carried.
AYE: Peterson, Hadley, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 10: Presentation from staff regarding city hall phone system and consider upgrade of current phone and voice mail system.
Ms. Toni Gray, Executive Administrative Assistant, gave a report to the Commission regarding the need to upgrade City Hall’s telephone system and voice mail system. As the Commission has experienced, the voice mail has not been accepting voice mail for city staff.
She noted that although the telephone system needs an upgrade, it was management’s recommendation to repair the voice mail system only due to the entire system being cost prohibitive at this time.
She informed that it would cost approximately $7,450 and funds from the Building Maintenance Capital outlay line item in the amount of $8,000 allocated for the City Hall lobby rollup gate could be redirected to this immediate need.
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, to approve repairing the telephone voice mail system as recommended by city management and using the $8,000 from the Building Maintenance Capital outlay line item. Motion carried.
AYE: Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley, Peterson
NAY: None
AGENDA ITEM NO. 11: Approval of a memorandum of agreement with the Oklahoma Department of Public Safety to inter-operate the City of Shawnee's 800 MHz radio system with the Department of Public Safety's 800 MHz Radio system.
Emergency Management Director Don Lynch reported that a memorandum of agreement with the Oklahoma Department of Public Safety on inter-operability of radio systems would be advantageous to the city since Shawnee would be included in the expanded area of this system.
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, to approve the memorandum of agreement with the Oklahoma Department of Public Safety to inter-operate their radio system with the City of Shawnee’s radio system. Motion carried.
AYE: Downing, Claybrook, Schrzan, O’Neal, Mills, Peterson
NAY: None
ABSTAIN: Hadley (out of chambers and returned during vote)
AGENDA ITEM NO. 12: Discuss and consider form to be used to evaluate city manager’s job performance.
The Commission reviewed the proposed form to be used for evaluating City Manager Jim Collard near his anniversary date of employment in August.
It was discussed that an executive session would need to be placed on the July 18th agenda for conducting the evaluation of the city manager.
Motion was made by Commissioner Schrzan, seconded by Commissioner Hadley, to accept the evaluation form as presented to be used
in the job performance of City Manager Jim Collard. Motion carried.
AYE: Schrzan, Hadley, Peterson, Downing, Claybrook, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 13: Consider a contract establishing the payment requirements for the Shawnee Civic and Cultural Development Authority to the Shawnee Municipal Authority regarding the Bank of America loan for the Expo Center conference building.
In review of the contract, it was noted that under paragraph three that the words “ the second floor” be omitted from the contract. It was also noted that SCCDA had made a payment last year.
A motion was made by Commissioner Claybrook, seconded by Commissioner Downing, to approve the contract between the Shawnee Municipal Authority and the Shawnee Civic and Cultural Development Authority for repayment of $395,000 to SMA on the Bank of America loan for construction of the Heart of Oklahoma Expo Center conference building. Motion carried.
AYE: Claybrook, Downing, O’Neal, Mills, Hadley, Peterson
NAY: None
(Commissioner Schrzan not present at time of voting)
AGENDA ITEM NO. 14: Reconsider vote of February 22, 2005 city commission agenda item No. 6: “Consider city management recommendation that the responsibility of dealing with the appropriate health insurance for city employees be transferred to city management.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to reconsider the vote of February 22, 2005 City Commission Agenda Item No. 6: “Consider city management recommendation that the responsibility of dealing with the appropriate health insurance for city employees be transferred to city management.” Motion carried.
AYE: Peterson, O’Neal, Mills, Hadley, Downing, Claybrook, Schrzan
NAY: None
AGENDA ITEM NO. 15: Consider approving recommendation that city management be responsible for handling the bid process concerning health insurance for city employees.
Vice Mayor Peterson stated that the purpose of reconsideration of the agenda item was for clarification of what the bid process would be to ensure that fairness to everyone who would be bidding on the employees’ health insurance coverage.
City Treasurer Becky Cragin responded that it was the intent that the bid process be “transparent” and everyone would have an opportunity to bid. After the bids were received by the sealed bid process, then the working group, including the Commission representatives, would evaluate all the bids and make a recommendation to the Commission.
Mrs. Cragin stated that as a starting point, that an employee survey of health coverage had been done.
Upon discussion, Vice Mayor Peterson expressed that the specifications be written in a neutral manner and that a package be complied that would be fair to everyone.
A motion was made by Commissioner Claybrook, seconded by Commissioner Downing, to charge city management with the responsibility of conducting the bid process for employee health insurance with the stipulation that any insurance company, insurance agent, or any others be included to bid; and the employee committee in conjunction with city management (and one or two City Commissioners to observe) evaluate the bids and recommend to the Commission the best bid that suits the needs of the City of Shawnee employees and that the bids be taken by sealed bid process to be opened at a public meeting of the Board of City Commissioners. Motion carried.
AYE: Claybrook, Downing, Schrzan, O’Neal, Mills, Hadley, Peterson
NAY: None
RECESSED AT 7:35 P.M. FOR A FIVE-MINUTE BREAK
RECONVENED AT 7:45 P.M. WITH ALL COMMISSIONERS PRESENT
AGENDA ITEM NO. 16: Consider builders’ request for waiver of sidewalk requirement in their respective subdivisions.
Community Development Director Mike Southard gave the staff report on the history of the requirements of sidewalks in subdivisions referring to an ordinance passed in May, 2002 and a timetable he distributed to the Commission.
He pointed out that this change to sidewalk requirements would phase-in the sidewalks throughout the community to facilitate goals toward implementing the Comprehensive Plan for the city.
He explained that there was an oversight and miscommunication among city staff regarding the Woodsong Addition and the site plan was approved without sidewalks. Of the 106 lots, there are 14 currently occupied and ten under construction without the sidewalks.
Upon finding out that the sidewalks were not being installed, Mr. Southard advised that this was the first phase of construction, about ten percent constructed; and to waive eighty-five percent would be circumventing the ordinance. He upheld that the ordinance directs that the sidewalk must be constructed prior to issuance of a certificate of occupancy.
As a compromise, Mr. Southard offered for the city to install the sidewalks at a later time; but would require that sidewalks be installed in the rest of the additions.
Appearing next, was Mr. Dale Elsner, attorney for the developers, expressing his opinion that the way the sidewalk ordinance read it had given an option on sidewalk requirements. He stated that by requiring the developers to put sidewalks in now would be a financial burden.
In order for the developers to proceed, Mr. Elsner asked the Commission to instruct staff to issue occupancy permits for homeowners to move in for an immediate relief for homes under construction.
The developers who spoke on this issue were Mr. Frank Bryant, developer of the Woodsong Addition and Mr. Mike Little of Westchester Development, the developer of the Timbers Addition on west MacArthur.
Mr. Bryant told the Commission that it was his understanding that when his plans were submitted that the city approved the plans based upon trails being installed in lieu of the sidewalks.
Mr. Little emphasized that he was developing affordable housing and sidewalks were not conducive to the area. At this point, relocation of water and gas lines would be expensive. The lots are small and he had worked with the city by installing rollup curbs.
Upon further discussion, City Attorney John Canavan gave options to the Commission advising that decisions in this matter would be viewed as resolving a pending legal matter noting that the ordinance could not be changed without holding a public hearing.
After deliberation, the following motion was made.
A motion was made by Commissioner Peterson, seconded by Commissioner Claybrook, to postpone the decision on the sidewalk issue to the next meeting of March 21, 2005. In the meantime, the city attorney meet with the developers and their attorneys to develop a plan; and during that time, the City Commission grant relief on the current certificates of occupancy and current building permits with the understanding that the Commission was not granting a variance nor amending the sidewalk ordinance for the Woodsong and Timbers subdivisions; but averting a temporary injunction. Motion carried.
AYE: Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley, Downing
NAY: None
AGENDA ITEM NO. 17: Consider bids for Expanded Security Camera Monitoring/Recording and Access Control. (Open)
BIDDER AMOUNT
Network Alarm Service $103,813.56
Norman, OK
Redhawk Industries $ 55,374.00
Oklahoma City, OK
Fire Chief Jerry Bower requested the Commission to defer to the next meeting in order for staff to review the bids.
Motion by Commissioner Downing, seconded by Commissioner Schrzan, to defer action on the bids for Expanded Security Camera Monitoring/Recording and Access Control and refer the bids to staff for their review and recommendation at the next meeting. Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None
AGENDA ITEM NO. 18: 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.
AGENDA ITEM NO. 19: Administrative Reports.
Under Administrative Reports, Utility Director Afsaneh Jabbar announced that the Spring Clean Up day will be Saturday, April 9th.
City Manager Jim Collard presented a letter from Gregory Mace, son of Don Mace, former lakeside lessee, requesting to get the trailer back from the city, since he failed to remove from city property in a timely manner.
It was Commission’s consensus that the city manager handle this matter.
AGENDA ITEM NO. 20: Citizens Participation. (A five minute limit per person) (A fifteen minute limit per topic)
In Citizens Participation, the following citizens appeared:
*Mike Little, Westchester Development, expressed interest in his company’s participation with the city when funding from OHFA for building affordable housing
*Louise Kelly, lives on Aydelotte west of Kickapoo and Highland, voiced concerns about problems with noise, cars, stereos and loud parties. She also mentioned her daughter, Cindy Houck, had the same issues.
*Tony Wall, the city’s Agent of Record, expressed his disappointment with the proposed process for request for health insurance coverage for city employees stating that it was not a fair bidding process
*J. T. Weedman of the Weedman Group, and the city’s Agent of Record, also expressed his disappointment with the city’s decision regarding the bidding process for health insurance coverage.
AGENDA ITEM NO. 21: Commissioners Comments.
Under Commissioners Comments, Vice Mayor Peterson had the following comments:
a. Referring back to the sidewalk issue under Agenda Item No. 16, city staff has a process in place but needs to review for the sidewalk ordinance to be improved and how and when to implement sidewalks,
b. Pointed out that both newspapers, Shawnee News-Star and The Sun, had reported on the SMA and General Fund $1.25 million was wrong in the paper and she read an excerpt from the minutes of June 21, 2004, about the Commission authorized transferring only $1 million, not as the paper quoted
c. Requested that the contract for services items be placed on the next meeting agenda to consider
d. Announced Habitat for Humanity will be having its annual Fiesta Dinner tomorrow at First Baptist Church to raise funds for building affordable housing
AGENDA ITEM NO. 22: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Downing, seconded by Commissioner Schrzan,
that the meeting be adjourned. Motion carried. (10:01 p.m.)
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None
____________________________
CHUCK MILLS, MAYOR
(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERK
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