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| Date: 8/16/2010 | Board: City Commission | DocumentType: Minutes | Web Posted: 9/8/2010 12:47:54 PM |
BOARD OF CITY COMMISSIONERS PROCEEDINGS
AUGUST 16, 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, August 16, 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
Absent Frank Sims
Commissioner Ward 1 Commissioner Ward 2 – Vice Mayor
James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4
John Winterringer Carl Holt
Commissioner Ward 5 Commissioner Ward 6
ABSENT: Pamela Stephens
CALL TO ORDER
DECLARATION OF A QUORUM
INVOCATION Don Lynch,
Emergency Management Director
FLAG SALUTE
AGENDA ITEM NO. 1: Consider approval of Agenda:
A motion was made by Commissioner Holt, seconded by Vice-Mayor Sims to approve the Agenda with Agenda Item No. 16 Commissioners Comments moved to follow Agenda Item No. 3 Citizens Participation. Motion carried 6-0.
AYE: Holt, Sims, Harrod, Peterson, Collier, Winterringer
NAY: None
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 13.
b. Minutes from the August 2, 2010 meeting.
c. Acknowledge the following minutes and reports:
• Beautification Committee minutes from June 7, 2010
• Shawnee Urban Renewal Authority minutes from June 1, 2010
• Planning Commission minutes from July 7, 2010
• Project Payment Report through July 31, 2010
• License Payment Report through July 31, 2010
d. Acknowledge receipt of DEQ Permit No. SL000063100398 for construction of 272 linear feet of eight inch PVC sanitary sewer line to serve the Drug Warehouse.
e. Request authorization to advertise for bids the Streets Department Maintenance Building.
f. Authorize staff to go out for bid on the Pumps and Control project at the Water Treatment Plant. OWRB approved loan in the amount of $1,677,000 on August 10, 2010.
g. Authorize change order on contract number COS-EM-11-01 for storm debris removal at Shawnee Twin Lakes Area.
h. Approval of Assignment and Assumption of Lease: Freeman
16304 Archery Range Road
Lot 6 Mosler Track
A motion was made by Vice-Mayor Sims, seconded by Commissioner Winterringer, to approve the Consent Agenda. Motion carried 6-0.
AYE: Sims, Winterringer, Holt, Harrod, Peterson, Collier
NAY: None
AGENDA ITEM NO. 3: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)
Mr. Tom Smith spoke regarding an area in town that has gone down and needs some help in rebuilding of properties. He would like to see the city help by putting some money into renovations of an area where he owns property.
MAYOR PETERSON ANNOUNCED THE COMMISSION WOULD DEVIATE FROM THE FORMAL AGENDA AND PROCEED WITH AGENDA ITEM NUMBER 16
AGENDA ITEM NO. 16: Commissioners Comments
Commissioner Holt expressed concern over a news article written in the local paper following the Special Call Commission meeting of August 12. He was upset with quotes in the article that the commission had been lying to the public. Commissioner Holt stated he has never lied to a citizen or the public, and Commissioner Holt requested the Mayor address this. Mayor Peterson remarked it was a shame that what was taken away from their meeting was that the Commission was lying and not supportive. Commissioner Harrod stated that not providing information to the public was lying. He gave examples of not telling the whole story to the public. Mayor Peterson advised that as the commission becomes aware of misinformation, they are trying to straighten things up from the past. They are now trying to work together to get a plan. Commissioner Harrod pointed out that there is not enough staff now to have the man power to get things done which need to be done. Commissioner Harrod also stated that the commission needs to worry about operational money and not as much on capital projects. The Regional Park will take a million dollars for operation, according to Commissioner Harrod, and we can’t make plans for the park without enough people to maintain the park. Commissioner Holt is still bothered by the comment on lying to the public and believes this commission is working hard to get things done. Vice-Mayor Sims stated this commission is having to deal with issues due to problems not being handled in the past. It is going to take money to fix the current problems. The economy is compounding the problems and causing focus to be on past mistakes which are up to this commission to fix now.
Commissioner Holt also addressed an additional subject. He has been receiving calls regarding Central Disposal and their handling of elderly and handicapped customers. These people are getting the service that they need and their carts are being emptied and then moved back for them. This is very commendable.
Mayor Peterson expressed thanks to Vice-Mayor Sims for handling the city business and the commission meeting in her absence.
COMMISSION NOW RETURNS TO THE FORMAL AGENDA
AGENDA ITEM NO 4: Public hearing and consideration of an ordinance rezoning property located at the south side of 45th Street, east of Harrison Street and west of Hyatt Road from C-2; Suburban Office to R-1; Single Family Residential. (Applicant: Mehdi Azimi) Case #P07-10
Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property located on the south side of 45th Street, east of Harrison Street and west of Hyatt Road.
Mayor Peterson asked if any person wished to appear in favor of or in protest of the rezone. Mr. Ross Morris representing the applicant came forward and was available to answer any questions. The question was asked of staff regarding if curb and guttering on 45th Street should be part of the conditions and what was the right-of-way width.
Community Development Director Justin Erickson addressed these questions. The rezoning is part of a plat that did not require curb and guttering on 45th Street. The houses are facing another interior street and back up to 45th Street. Sidewalks will be required adjacent to 45th Street but the right-of-way is 50 feet and should be enough for any expansion or additional widening of 45th Street in the future without disturbing the sidewalks. If curb and guttering were to be required, it should have been addressed on the original plat. This rezone is a small part of the plat that was originally set up for commercial but now is being considered for residential.
Staff is recommending approval of this rezone and this request was approved by the Planning Commission.
No others appeared and the public hearing was closed.
A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to approve Ordinance No. 2438NS.
Ordinance No. 2438NS was introduced and read aloud.
ORDINANCE NO. 2438NS 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: A TRACT OF LAND DESCRIBED AS A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER (NW/4) OF SECTION FIVE (5), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION FIVE (5); THENCE N89°28’28”E A DISTANCE OF 659.57 FEET TO THE POINT OF BEGINNING; THENCE N89°28’28”E A DISTANCE OF 604.71 FEET; THENCE S00°31’32”E A DISTANCE OF 50.00 FEET; THENCE S45°15’46”E A DISTANCE OF 35.19 FEET; THENCE SOUTH A DISTANCE OF 56.38 FEET; THENCE S25°51’45”E A DISTANCE OF 64.75 FEET; THENCE S16°06’29”E A DISTANCE OF 164.96 FEET; THENCE S89°20’38”W A DISTANCE OF 695.19 FEET; THENCE N01°28’17”W A DISTANCE OF 300.42 FEET; THENCE N01°28’17”W A DISTANCE OF 50.01 FEET TO THE POINT OF BEGINNING TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM C-2; SUBURBAN OFFICE TO R-1; SINGLE FAMILY RESIDENTIAL AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”
Motion carried 6-0.
AYE: Harrod, Winterringer, Holt, Sims, Peterson, Collier
NAY: None
Thereupon Mayor Peterson declared Ordinance No. 2438NS duly passed and adopted.
AGENDA ITEM NO. 5 Consideration of a preliminary plat for Hyatt Addition Section II, east of Harrison and south of 45th Street. (Applicant: Mehdi Azimi) Case #S07-10
Staff recommends approval of this request subject to the following six (6) conditions:
1. A final revised set of construction /utility/drainage plans shall be submitted by the applicant for review. Said plans shall be approved by the City Engineer prior to commencement of infrastructure work on the site.
2. Prior to recording the final plat, the applicant shall commence with making the required and proposed improvements in accordance with construction plans approved by the City Engineer or otherwise bond the project in accordance with City code.
3. The proposed street name “Sunrise Drive” is NOT APPROVED and the applicant shall use an approved name prior to recording the plat. The plat shall also include a block number.
4. Access to all lots shall be achieved via the proposed residential access street. Direct access to 45th Street shall not be allowed.
5. A six-foot sidewalk is required along 45th Street and shall be constructed in accordance with Shawnee Subdivision and Sidewalk Standards.
6. All other applicable City standards apply.
The Planning Commission approved this request subject to the six (6) conditions listed.
A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to approved the preliminary plat for Hyatt Addition Section II, located east of Harrison and south of 45th Street subject to the six (6) conditions as set out above. Motion carried 6-0.
AYE: Harrod, Collier, Winterringer, Holt, Sims, Peterson
NAY: None
AGENDA ITEM NO. 6: Consideration of a Final Plat for Hyatt Addition Section II, located east of Harrioson and south of 45th Street. (Applicant: Mehdi Azimi) Case #S08-10
Staff recommends approval of this request subject to the following six (6) conditions:
1. A final revised set of construction /utility/drainage plans shall be submitted by the applicant for review. Said plans shall be approved by the City Engineer prior to commencement of infrastructure work on the site.
2. Prior to recording the final plat, the applicant shall commence with making the required and proposed improvements in accordance with construction plans approved by the City Engineer or otherwise bond the project in accordance with City code.
3. The proposed street name “Sunrise Drive” is NOT APPROVED and the applicant shall use an approved name prior to recording the plat. The plat shall also include a block number.
4. Access to all lots shall be achieved via the proposed residential access street. Direct access to 45th Street shall not be allowed.
5. A six-foot sidewalk is required along 45th Street and shall be constructed in accordance with Shawnee Subdivision and Sidewalk Standards.
6. All other applicable City standards apply.
The Planning Commission approved this request subject to the six (6) conditions listed.
A motion was made by Commissioner Harrod, seconded by Vice-Mayor Sims, to approved the final plat for Hyatt Addition Section II, located east of Harrison and south of 45th Street subject to the six (6) conditions as set out above. Motion carried 6-0.
AYE: Harrod, Sims, Peterson, Collier, Winterringer, Holt
NAY: None
AGENDA ITEM NO. 7: Presentation of Snow Removal Operations Plan
Don Lynch, Director of Emergency Management, gave a presentation on a Snow Removal Operations Plan. Mr. Lynch presented the Commission with a written plan, including maps, outlining the priority routes for snow and ice removal. He also addressed the need for cross training of equipment operators in departments other than the street department to assist the street department due to long hours. Equipment will be ready starting in December and on standby when forecast of conditions warrant.
Mr. Lynch advised he will bring a request for RFQ’s for private contractors to assist in major emergencies so that prices could be locked in by contract.
AGENDA ITEM NO. 8: Consideration of a resolution accepting the grant agreement for Airport Improvement Program (AIP) Project No. 3-40-0088-014-2010 Duns No. 126176853 from the Federal Aviation Administration (FAA) at Shawnee Regional Airport to make airside improvements for the project; Reconstruct and Realign the South 4,300 feet of the Parallel Taxiway System, Rehabilitate the North Portion of the Taxiway, and Phase I – Improve RSA at Runway 17 End.
A motion was made by Vice-Mayor Sims, seconded by Commissioner Holt, to approve Resolution No. 6391.
Resolution No. 6391 was introduced and read aloud.
RESOLUTION NO. 6391 ENTITLED “A RESOLUTION ACCEPTING THE GRANT AGREEMENT FOR AIRPORT IMPROVEMENT PROGRAM (AIP) PROJECT NO. 3-40-0088-014-2010, DUNS NO, 126176853 FROM THE FEDERAL AVIATION ADMINISTRATION (FAA) AT SHAWNEE REGIONAL AIRPORT TO MAKE AIRSIDE IMPROVEMENTS FOR THE PROJECT; “RECONSTRUCT AND REALIGN THE SOUTH 4,300 FEET OF THE PARALLEL TAXIWAY SYSTEM, REHABILITATE THE NORTH PORTION OF THE TAXIWAY, AND PHASE 1 – IMPROVE RSA AT RUNWAY 17 END.”
Motion carried 6-0.
AYE: Sims, Holt, Harrod, Peterson, Collier, Winterringer
NAY: None
AGENDA ITEM NO. 9: Consideration of an ordinance requiring permits for alarm systems to be operated in the City of Shawnee and establishing the requirements for said permits and penalties for violations of alarm system requirements.
Police Chief Russ Frantz addressed the Commission explaining the need for alarm permits with contact information as well as fees and penalties for false alarms. He explained the amount of man power used for a false alarm could prevent an officer from responding to a true emergency.
A motion was made by Vice-Mayor Sims to approved the ordinance with a change to increase the amount of fees and penalties. There was no second and discussion followed on how much the increase should be to insure people and businesses would maintain their alarm systems. After discussion, Vice-Mayor Sims withdrew his motion.
A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to defer this ordinance until the next commission meeting on September 7, 2010, to be presented with the new suggested amounts of fees and penalties. Motion carried. 6-0
AYE: Harrod, Winterringer, Holt, Sims, Peterson, Collier
NAY: None
AGENDA ITEM NO. 10: Consideration of an ordinance requiring persons who trap animals with a city issued trap to return the trap with the animal to the Shawnee Animal Shelter for removal.
A motion was made by Vice-Mayor Sims, seconded by Commissioner Holt, that Ordinance No. 2439NS be approved.
Ordinance No. 2439NS was introduced and read aloud.
ORDINANCE NO. 2439NS ENTITLED “AN ORDINANCE RELATING TO ANIMAL CONTROL; AMENDING SECTION 5-18, ARTICLE I OF CHAPTER 5 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; REQUIRING THAT PERSONS TRAPPING ANIMALS WITH CITY-ISSUED TRAPS DELIVER THE TRAP AND ANIMAL TO THE SHAWNEE ANIMAL SHELTER FOR REMOVAL BY ANIMAL CONTROL STAFF; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”
Motion carried. 6-0
AYE: Sims, Holt, Harrod, Peterson, Collier, Winterringer
NAY: None
No action was taken on the Emergency Clause and Ordinance 2439NS will take effect in thirty (30) days.
Thereupon, Mayor Peterson declared Ordinance No. 2439NS duly passed and adopted.
AGENDA ITEM NO. 11: Consider an ordinance creating a city impound to be paid before a vehicle impounded by the Shawnee Police Department may be released and establishing the reasons for impoundment which will require the fee to be paid.
A motion was made by Vice-Mayor Sims, seconded by Commissioner Harrod, to approve Ordinance No. 2440NS.
Ordinance No. 2440NS was introduced and read aloud.
ORDINANCE NO. 2440NS ENTITLED “AN ORDINANCE RELATING TO IMPOUNDMENT OF MOTOR VEHICLES BY THE SHAWNE POLICE DEPARTMENT; CREATING A NEW LAW CODIFIED AT SECTION 19-51, DIVISION I, ARTICLE II OF CHAPTER 19 OF THE CODE OF THE CITY OF SHAWNEE; CREATING A CITY IMPOUND FEE OF ONE HUNDRED DOLLARS ($100.00) FOR VEHICLES LAWFULLY IMPOUNDED BY THE SHAWNEE POLICE DEPARTMENT; ESTABLISHING THE CAUSES OF IMPOUNDMENT THAT WILL RESULT IN THE IMPOSITION OF SAID FEE AND ESTABLISHING THE FUND THAT SUCH FEE IS TO BE PLACED IN; PROVIDING FOR SEVERABILITY.”
Motion carried 6-0.
AYE: Sims, Harrod, Peterson, Collier, Winterringer, Holt
NAY: None
Thereupon, Mayor Peterson declared Ordinance No. 2440NS duly passed and adopted.
AGENDA ITEM NO. 12: Acknowledge Sales Tax Report received July 2010.
Cynthia Sementelli, Finance Director, reported that the sales tax report received August 2010 was up from 2009 and 2008. This could be due to May storms which caused an increase in materials for repairs.
AGENDA ITEM NO. 13; Consider Bids:
a. Sanitary Sewer Rehab Project (Various Locations) Contract No. COS-SMA-11-01 (Open)
Manager of Utility Operations Randy Brock read the following received bids for Sanitary Sewer Rehab Project (Various Locations) Contract No. COS-SMA-11-01into the record:
BIDDER AMOUNT
SAPULPA DIGGING, INC. $876,303.50
Sapulpa, Oklahoma
JORDAN CONSTRACTORS INC. $270,945.00
Tecumseh, Oklahoma
KRAPFF REYNOLDS CONST CO. $322,975.00
Oklahoma City, Oklahoma
URBAN CONTRACTORS INC. $414,850.00
Oklahoma City, Oklahoma
Mr. Brock request that this item be deferred until the September 7, 2010 meeting.
A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to defer this item until the September 7, 2010 meeting. Motion carried. 6-0
AYE: Harrod, Winterringer, Holt, Sims, Peterson, Collier
NAY: None
b. Rehabilitate Runway 17-35, Rehabilitate and Realign the ParallelTaxiway and Improve the Runway Safety Area; AIP Project 3-40-0088-014-2010; OAC Project SNL-10-FS; Bid Contract No. COS-PW-10-01 (Award)
Assistant Airport Manager Rex Hennen stated that two (2) bids had been received and after review with LBR Inc. Airport Consultants, the recommendation is to award the base bid in the amount of $2,996,187.00 to Haskell Lemon Construction Company, contingent upon receipt of adequate FAA, OAC, and City funding.
A motion was made by Commissioner Harrod, seconded by Vice-Mayor Sims, to award the contract to Rehabilitate Runway 17-35, Rehabilitate and Realign the ParallelTaxiway and Improve the Runway Safety Area; AIP Project 3-40-0088-014-2010; OAC Project SNL-10-FS; Bid Contract No. COS-PW-10-01 to Haskell Lemons in the amount of $2,996,187.00, contingent upon receipt of adequate funding. Motion carried. 6-0
AYE: Harrod, Sims, Peterson, Collier, Winterringer, Holt
NAY: None
AGENDA ITEM NO. 14: 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. 15: Administrative Reports
There were no Administrative Reports. City Manager Brian McDougal announced Police Chief Russ Frantz advised there would be a clean-up day in Dunbar Heights Saturday, August 21 from 8 a.m. to noon. Everyone is invited to come and participate.
AGENDA ITEM NO. 16: Commissioners Comments
Commissioners comments were moved to follow Agenda Item No. 3 Citizens Participation.
AGENDA ITEM NO. 17 : Adjournment
There being no further business before the Commission, a motion was made by Commissioner Harrod, seconded by Commissioner Collier to adjourn. Motion carried 6-0. (7:55 p.m.)
AYE: Harrod, Collier, Winterringer, Holt, Sims, Peterson
NAY: None
_____________________________
Linda Peterson, Mayor
Attest:
________________________
Donna Mayo, Deputy City Clerk
NOTICE: This is NOT an official document. All official documents are maintained by the Shawnee City Clerk at Shawnee City Hall.
This document is provided as a public information device. Please contact City Hall at 405-878-1604 for official documents.