BOARD OF CITY COMMISSIONERS PROCEEDINGS
APRIL 17, 2006 AT 5:30 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, April 17, 2006 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
Wes Beck Linda Peterson
Commissioner Ward 4 Commissioner Ward 5-Vice Mayor
Bob Downing
Commissioner Ward 6
ABSENT:
Marva O’Neal
Commissioner Ward 3
INVOCATION Reverend Larry Sparks
New Beginnings Church
FLAG SALUTE Mayor Mills
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. 14.
b. Minutes from the March 25 and April 3, 2006 meetings.
c. Transfers of Appropriations in General Fund and Shawnee Municipal Fund.
d. Acknowledge the following reports and minutes:
* Sales Tax Report through April, 2006
License Payment Report for the month of March, 2006
Planning Division Project Payment Report for the month of March, 2006.
Shawnee Community Center report for the month of March and quarterly totals for January, February and March, 2006.
Sister Cities Council minutes from the March 14, 2006 meeting.
Planning Commission minutes from the March 1, 2006 meeting.
Shawnee Beautification Committee minutes from the March 6, 2006 meeting.
e. Acknowledge monetary donation from Mr. & Mrs. Leon Rogers to Shawnee Fire Department.
f. Acknowledge clarification of bid award of S.U.V. for Fire Department from April 3, 2006 meeting.
g. Approve out-of-state travel for Deputy City Clerk Phyllis Loftis to attend International Institute of Municipal Clerks conference in Anaheim, California May 14-19, 2006 to satisfy requirements needed to obtain Certified Municipal Clerk designation.
h. Authorize staff to advertise for bids for one used tandem 10-wheel truck.
i. Recommendations from Community Service Contracts Review Committee:
1) Consider renewal of contract with Downtown Shawnee, Inc. for FY 2006-2007.
Recommendation: To approve a six-month contract with Downtown Shawnee, Inc. in the annual amount of $32,000 with the provision expressing the intent that Downtown Shawnee become self-sufficient.
2) Consider request from Savings Pets at Risk, Inc. for $7,500 for sponsorship of Feral Cat Day.
Recommendation: Defer issue to City Commission for review of present city ordinances.
3) Consider changing employee agreement with Shawnee Public Library.
Recommendation: Library staff to provide information regarding the cleaning needs of the library; a determination will be made at a later date regarding whether the City will hire a cleaning service or will provide funds for library staff to hire cleaning service directly.
Before voting on the Consent Agenda, Agenda Item No. i (1) was pulled for separate consideration.
A motion was made by Commissioner Downing, seconded by Commissioner Beck, that Agenda Item No. 1 (a-i) less i (1), be approved. Motion carried 6-0.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to defer Agenda Item No. l. i (1), the consideration of contract renewal with Downtown Shawnee, Inc. for FY 2006-2007 until next meeting. Motion carried 6-0.
AGENDA ITEM NO. 2: Mayor’s Proclamations and Presentations:
Mayor Mills presented the following proclamations:
“Brown Furniture Company’s 60th Anniversary”
April 18, 2006
(accepted by Mr. Jack Brown)
“Shawnee Milling Company’s 100th Anniversary”
April 21, 2006
(accepted by Mr. Bill Ford)
“Red Hat Society Day”
April 22, 2006
(accepted by Thixie Totty and the Red Hat Society group)
“James Yeisley Day”
April 25, 2006
(accepted by Mr. James Yeisley)
“Child Abuse Prevention Month”
April, 2006
(accepted by Ms. Crystal Ward Co-Coordinator of Dept. 5 United Way Volunteer of Pottawatomie County)
“Reading Enables all Dreams Month”
April, 2006
(accepted by Miss Shawnee Kimberly Hulsey)
“Great Shawnee Clean-up Month”
April, 2006
(accepted by Mr. Tom Terry)
Presentation of Certificate of Appreciation to Diane Stegall for her work with Pets and People of Yukon, Oklahoma, which resulted in the adoption of 58 animals from the Shawnee Animal Shelter.
The City of Shawnee expressed appreciation to Ms. Diane Stegall for her effort in the saving of 56 dogs and 2 cats in the months of January, February, and March of 2006. Ms. Stegall is a volunteer who works along with the Pets and People of Yukon, Oklahoma. Mr. Randy Newton and Darrell Freeman with the Shawnee Animal Shelter also expressed their appreciation by presenting Ms. Stegall with a fuel card.
Introduction of Shawnee Sister Cities student delegation to Nikaho, Japan.
Chair Shana Hibler of the Sister Cities Council introduced the 2006 student and teacher delegation to the City Commission. The selection included 14 students and 2 teachers, which are:
Avarilla Anfuso Kathryn Keefover Bradley Spillers
Kevin Curley Elizabeth King Brandon Weir
Madison Grinnell Krystle Logan Marshall Foster
Jenna McDonald Rijul Gupta Brittany Owens
Tanner Heatley Rebecca Roach
Charity Peters, Grove Elementary School
Ryan Patten, Shawnee Middle School
Sister Cities Council Chair Shana Hibler will be heading the delegation to City of Nikaho, Japan the first week in August. Also included in the group will be Youth Representative Adrian Swinney from Shawnee High School, and volunteer David Hibler, in which both members will pay their full expenses.
AGENDA ITEM NO. 3: City Manager’s Presentation of Employee of the Month. (Angie Lynam, Police Dispatch).
City Manager Jim Collard presented a plaque and gift certificate to Angie Lynam, Police Dispatch, as the April employee of the month in recognition of her excellent dedication to the City of Shawnee. Ms. Angie Lynam was present to accept.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance rezoning property located at 4400 N. Kickapoo from R-1; Residential District to C-1; Neighborhood Commercial District for office use. (Applicant: Larry Davies).
Mayor Mills declared a public hearing in session to consider an ordinance concerning the rezoning of property located at 4400 N. Kickapoo from R-1 to C-1, Neighborhood for commercial use.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning request.
The staff report was given and it was noted the Planning Commission
had recommended approval and that no formal written protest had been filed.
Mr. Larry Davies, the applicant, was present on behalf of his application. No others appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2245NS was introduced and the title read aloud.
Ordinance No. 2245NS entitled “An ordinance concerning the zoning classification of the following described property located within the corporate limits of the City of Shawnee, Pottawatomie County, Oklahoma, to-wit: Lot Seven (7), 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, Residential District to C-1; Neighborhood Commercial District and 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 Ordinance No. 2245NS be approved. Motion carried 6-0.
Thereupon Mayor Mills declared Ordinance No. 2245NS duly passed and adopted.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance rezoning property located at 31502 Homer Lane from A-1; Agricultural District to A-1P; Agricultural with Conditional Use Permit to allow for mobile/manufactured home on property. (Applicant Freda & Dixie Collins)
Mayor Mills declared a public hearing in session to consider an ordinance concerning the rezoning of property located at 31502 Homer Lane with a Conditional Use Permit to allow a manufactured home.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning request.
Staff report was given by Community Development Director Mike Southard and it was noted that the Planning Commission recommended approval of the rezoning with certain conditions being met as listed below.
Conditions for Manufactured House Approval
1.The unit must bear a seal certifying compliance with the Federal Manufactured Construction and Safety Standards as revised on April 1, 1995.
2. The unit is dual sectional with a minimum front width of Twenty-four (24) feet and a minimum floor area of One thousand (1,000) square feet.
3. The unit must be attached to a continuous concrete or concrete block foundation that complies with the Building Code. The foundation must be an excavated and backfilled foundation, enclosed at the perimeter with the finished floor being a maximum of Twenty-four (24) inches above the exterior grade of the lot on the uphill side of the house.
4. The roof must be a gable or hip type construction with at least Class C shingle roofing material. The roof slope must have a vertical rise of Three (3) inches for every Twelve (12) inches of horizontal run with a minimum eave projection and roof overhang of Eight (8) inches, which may include guttering.
5. Covered front and rear porches and site-built steps must be constructed with exterior materials matching the structure.
No formal written protests had been filed. Mrs. Freda Collins and her daughter Dixie Collins, the applicants, were present on behalf of their application.
After due and careful consideration, Ordinance No. 2246NS was introduced and the title read aloud.
Ordinance No. 2246NS 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: The West Half of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter (W/2 SW/4 SW/4 SE/4) of Section 9, Township 10 North, Range 2 East of the Indian Meridian, Pottawatomie County, Oklahoma, rezoning said property from A-1; Agricultural District to A-1P; Agricultural District with Conditional Use Permit; amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the Title and Ordinance No. 2246NS be approved with the stipulation that the five standard requirements for manufactured housing be met. Motion carried 6-0.
Thereupon Mayor Mills declared Ordinance No. 2246NS duly passed and adopted.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance rezoning property located at the northwest corner of Bryan and Independence streets from R-1; Residential District; C-1; Neighborhood Commercial District and C-1P; Neighborhood Commercial District with Conditional Use Permit to PUD with mixed uses, to permit nursing home, assisted living, senior living and complimentary light commercial uses. (Applicant: Fidler Properties, LLC).
It was noted that more information was needed on this item and the Planning Commission had continued it to the May 3rd Planning Commission meeting.
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, to continue the public hearing and consideration of rezoning property located at 1610 North Bryan to the May 15th Commission meeting. Motion carried 6-0.
AGENDA ITEM NO. 7: Consider approval of preliminary plat for Kickapoo Run Addition located on the southwest corner of 7th and Kickapoo streets. (Applicant: Shawnee Housing Authority).
Community Development Director Mike Southard gave the staff report concerning the preliminary plat for Kickapoo Run Addition located on the southwest corner of 7th and Kickapoo streets.
The Planning Commission recommended approval of the preliminary plat. Staff has reviewed the proposed +/-40 lot subdivision covering +/-15 acres immediately south of the Shawnee Housing Authority property.
Mr. Southard informed the Commission that there were two variances requested. The first is for the length between the cul-de-sac and perimeter property line to be less than 100 feet; and the second variance was for the developer not be required to improve Kickapoo to a major arterial standard. Sufficient right-of-way (120' total) would be dedicated to accommodate future road improvements.
The variances raised concerns from the Commission and Mr. Randy Thomason, Executive Director of the Shawnee Housing Authority, addressed some of their concerns.
The Commission was reassured that the final plat would be presented to them at a later meeting for approval.
COMMISSIONER DOWNING EXCUSED 6:46 P.M.
A motion was made by Commissioner Schrzan, seconded by Commissioner Beck, to approve of preliminary plat for Kickapoo and 7th streets with requested variances as submitted by Shawnee Housing Authority. Motion carried 4-1.
AGENDA ITEM NO. 8: Public hearing and consider amending Ordinance No. 2052NS and the Zoning Code Section 40.2.8 to change the requirement for sidewalks in front of new developments.
Mayor Mills declared a public hearing in session to consider an ordinance to amend Ordinance No. 2052NS Section 40.2.8 to remove the sidewalks in front of new developments.
Community Development Director Mike Southard gave the staff report approving of the ordinance change requiring sidewalks on collector and arterial streets for all new developments. The proposed ordinance would require the developer construct sidewalks as with any other improvements. The existing ordinance requires sidewalks on local and collector streets in new developments.
There were no formal written protests filed with the City Clerk and no others appeared before the Commission; therefore, the public hearing was closed.
Upon review of the ordinance Section 1, Amendatory; 40.2.8 Sidewalks; A. Required Improvements, wording be changed to “Sidewalks shall be provided along all frontage and within any new development on collector and arterial streets.”
After due and careful consideration Ordinance No. 2052NS was introduced and the title read aloud.
Ordinance No. 2052NS entitled “An ordinance relating to sidewalks, amending the subdivision regulations of the City of Shawnee, Oklahoma, Article IV, Section 40.2.8, sidewalks; providing for severability; and declaring an emergency.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner Beck, that the Title and Sections 1 and 2 of Ordinance No. 2052NS be approved. Motion carried 5-0.
Thereupon Mayor Mills declared Ordinance No. 2247NS was duly passed and adopted.
THE CITY COMMISSION RECESSED AT 7:25 P.M. FOR A BREAK
THE CITY COMMISSION RECONVENED AT 7:34 P.M. WITH ALL FIVE COMMISSIONERS PRESENT.
AGENDA ITEM NO. 9: Discuss various options for establishing wireless internet within the city limits.
The Commission discussed the various options of establishing wireless internet within the city limits which has been requested by an individual who wants to lease a city lake lot for placing the wireless equipment on the lot.
As noted by city staff, the Commission passed an ordinance at its last meeting to allow communication towers/cell phone towers in Agricultural District as a permissive use with conditional use permit. The zoning of this particular use had not been in the ordinances.
Upon discussion, the Commission heard from Mr. Woody Woodrell, requesting permission to place the tower on vacant land adjacent to the loat at 16205 Hart Road. He gave an overview of the type tower for radio broadband internet access for customers in the rural areas.
Others involved in the discussion included the city’s staff member Steve Nolen, Systems Administrator, Josh Barnett for Pottawatomie Telephone Company.
The Commission had concerns about opening the lake leases to commercial use and financial concerns if a tax should be imposed.
After further discussion, it was agreed that this item be placed on the next Commission’s meeting agenda.
AGENDA ITEM NO. 10: Consider resolution of support for city paving of YMCA parking lot.
Resolution No. 6269 was introduced and the title read aloud.
Resolution No. 6269 entitled “A resolution of support from the City of Shawnee for the Shawnee YMCA expansion project.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner Beck, to approve the Title and Resolution No. 6269. Motion carried 5-0.
Thereupon Mayor Mills declared Resolution No. 6269 duly passed and adopted.
AGENDA ITEM NO. 11: Consider a resolution establishing the number of city boards a citizen may serve on and the number of term limits allowed to be served.
Resolution No. 6270 was introduced and the title read aloud.
Resolution No. 6270 entitled “A resolution limiting the number of terms of those persons appointed by the Mayor and City Commission to the various boards, commissions and authorities of the City of Shawnee to Two (2) consecutive terms; allowing the appointment of persons to different boards, commissions and authorities after they are ineligible to be appointed to their present board, commission or authority, limiting the number of boards, commissions and authorities a person can serve on at the same time to One (1), excluding the Mayor, City Commissioners and City Manager from these service limitations and repealing in their entirety Resolution Number 5924 and 6242.”
A motion was made by Commissioner Beck, seconded by Commissioner Claybrook, that the Title and Resolution No. 6270 be approved. Motion carried 5-0.
Thereupon Mayor Mills declared Resolution No. 6270 was duly passed and adopted.
AGENDA ITEM NO. 12: Consider an ordinance granting appointment power to the Mayor to appoint all city committees unless otherwise directed by the City Commission.
Ordinance No. 2248NS was introduced and the title read aloud.
Ordinance No. 2248NS entitled “An ordinance relating to the appointment, removal or re-appointment of members presently serving on various committees of the City of Shawnee; amending Section 2-37, Division 1, Article II of Chapter 2 of the Code of the City of Shawnee, Oklahoma; providing that all committees of the City Commission be appointed by the Mayor unless specifically directed by the City Commission; providing for severability and declaring an emergency.”
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, that the Title and Sections 1 and 2, be approved. Motion carried 5-0.
Thereupon Mayor Mills declared Ordinance No. 2248NS duly passed and adopted.
AGENDA ITEM NO. 13: Consider an ordinance creating four levels of water usage restriction and defining each level for residential and commercial use.
Ordinance No. 2249NS was introduced and read aloud.
Ordinance No. 2249NS entitled “An ordinance relating to water usage restriction in the City of Shawnee; amending sub-section (b)(1), of Section 26-67, Division 1, Article III of Chapter 26 of the Code of the City of Shawnee, Oklahoma; specifically creating four levels of water usage restrictions; defining the extent of restrictions for residential and commercial uses in each level; providing for severability and declaring an emergency.”
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, that the Title and Sections 1 and 2 be approved. Motion carried 5-0.
Thereupon Mayor Mills declared Ordinance No. 2249NS duly passed and adopted.
AGENDA ITEM NO. 14: Consider Bids:
a. Rehabilitation of Shawnee Twin Lakes Towers (award)
The only bid received was from Ratliff, Inc. and City Engineer John Krywicki and Utility Director Afsaneh Jabbar were in agreement that the bid should be rejected and the project be re-advertised.
BIDDER LAKE #1 LAKE #2
Ratliff, Inc. $146,500 $116,500
Ponca City, OK
A motion was made by Vice Mayor Peterson, seconded by Commissioner Beck, to reject the Rehabilitation of Shawnee Twin Lakes Intake Tower bid and allow for re-advertisement. Motion carried 5-0.
The following bids were opened and read into record.
b. City Hall HVAC System Design/Build Project (open)
A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, to defer the City Hall HVAC System Design/Build Project until a later time. Motion carried 5-0.
Young General Contractors LLC $93,874.80
Edmond, OK 73034
Parathon Construction LLC AMOUNT
Edmond, OK 73013 $100,000.00
Engineer’s Estimate $70,000
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the bids be deferred to staff for review and recommendation at the next meeting. Motion carried 5-0.
Don’s Copiers $259.00 Savin 4075/per month
Shawnee, OK
Shawnee Office Systems $299.00 Copystar 8030/per month
Shawnee, OK
Xcel Office Solutions $329.92 Xerox 275/per month
Oklahoma City, OK
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, that the bids for High Volume Copier be deferred to staff for review and recommendation at the next meeting. Motion carried 5-0.
Don’s Copiers $259.00 Savin 4075/per month
Shawnee, OK
Shawnee Office Systems $299.00 Copystar 8030/per month
Shawnee, OK
Xcel Office Solutions $329.92 Xerox 275/per month
Oklahoma City, OK
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the bids for the High Volume Copier Police Department be deferred to staff for review and recommendation at next meeting. Motion carried 5-0.
The notice to bidders went out for the Equipment Bid-Flights, Chains and Gears, however, no bids were received.
Utility Director Afsaneh Jabbar requested to negotiate with Us Filter. City Attorney John Canavan advised that the bid could be negotiated with US Filter, Waukesha, Wisconsin, which was awarded in February as the lowest and best bid.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Beck, to authorize staff to negotiate bid with US Filter for the Flights, Chains, and Gears bid. Motion carried 5-0.
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
Under Administrative Reports the following reports were given:
*City Treasurer Becky Cragin gave the fourth quarterly financial report.
*City Engineer John Krywicki gave reports on the Kickapoo Street to Kickapoo Spur and ODOT’s meeting regarding the design. A public hearing will be set at a later date for public input. Other updates included the Highway 18 extension of drainage box north of MacArthur; the Hwy 177 and Hardesty Drive intersection setup for signals; bid advertising for pedestrian crossing at Dunbar and Beard Street; and Brangus Road paving has been completed.
*Community Development Director Mike Southard reported on his meeting with Mr. Keith Kuhlman of the State School Land Commission to draft a lease for the proposed site of the Regional Park on 40 acres; the skate park final design has been completed and submitted. A lack of funding to build the park is an issue and Mayor Mills interjected that fundraising efforts to reach out to corporations to assist will be underway.
He reported on the lakesite lease that was required to install a new spectic system and has not been done to-date and is considered in violation.
*City Manager Jim Collard announced that the parks at the lake will be opened for the season with no boating or watercraft of any kind allowed on the lakes and swimming will be allowed in a designated area.
AGENDA ITEM NO. 17: Citizens Participation (A five minute limit per person)
(A fifteen-minute limit per topic)
Under Citizens Participation, Ms. Kari Barrett, Adoption Coordinator of the Saving Pets at Risk, Inc., shared information about National Feral Cat Day which will be on October 16, 2006. She encouraged the Commission to assist financially in helping SPAR in its operations to spay and neuter feral cats to reduce disease and decrease population of feral cat colonies.
Further investigation about the funding on behalf of the City would be needed before the Commission could make a commitment.
AGENDA ITEM NO. 18: Commissioners Comments
Under Commissioners Comments, Commissioner Beck announced that SPAR was sponsoring a garage sale at Barrett Drilling at 1216 Gordon Cooper Drive to raise funds to benefit stray animals in foster homes.
AGENDA ITEM NO. 19: Adjournment
There being no further business to be considered, a motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the meeting be adjourned. Motion carried 5-0. (9:40 p.m.)
(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERK
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