BOARD OF CITY COMMISSIONERS PROCEEDINGS
MAY 18, 2009 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, May 18, 2009 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
Pam Stephens 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:
INVOCATION Larry Sparks
New Beginnings Church
FLAG SALUTE
AGENDA ITEM NO. 1: Consider approval of Agenda:
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve Agenda. Motion carried 7-0.
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 No. 13.
b. Minutes from the April 27, 2009 meeting and the May 4, 2009 meeting.
c. Budget Amendment General Fund 001
To reflect the Centennial Committee decision to transfer remaining funds to the Beautification Committee
d. Supplemental Budget Amendment General Fund 001
To increase budget with supplemental revenue received from Oklahoma Department of Emergency Management on the FY 2008 SLA grant for one time additional award
e. Acknowledge the following minutes and reports:
• Planning Commission minutes from April 1, 2009
• Shawnee Beautification Committee minutes from April 6, 2009
• Project Payment Report April 1-30, 2009
• License Payment Report April 1-30, 2009
• Sales Tax Collections report through May 2009
f. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Whitney Wiedemann.
g. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Edra Davis.
h. Acknowledge Worker’s Compensation Settlement to Charles Norton.
i. Acknowledge request by Pioneer Library System for reappointment of Nancy Cook-Senn to the Pioneer Library System Board of Trustees for a second three year term to expire June 30, 2012.
j. Acknowledge Traffic Commission Board seat held by Kelly Mallory expired January 1, 2009 and Mr. Mallory is eligible for re-appointment.
k. Acceptance of Rehab Concrete Streets Project COS-PW-07-08 and place maintenance bond into effect.
l. Acknowledge DEQ Permit No. SL000063090357 for sanitary sewer line to serve Northridge Hill Addition.
m. Approve recommendation to Pottawatomie County Commissioners to appoint Brian McDougal to Pottawatomie County Development Authority board.
n. Approve removing City Commission Policy Number 11 regarding the Family Medical Leave Act from Commission Policy.
o. Request authorization to advertise for bids on repairs and modernization of the City Hall elevator.
p. Approve Substantial Amendment to the CDBG FY 2008 One Year Action Plan.
q. Lake Site Lease Transfer and Renewals:
Transfer
• Lot 12 Belcher Tract, 33112 Post Office Neck
From: D. Lowrey
To: D. Lowrey and M. Lowrey
Renewals
• Lot 1 Seck Tract. 33700 Post Office Neck
R. Giddens and D. Watkins
• Lot 5 Seck Tract, 33800 Post Office Neck
G. Colvin and D. Colvin
• Lot 13 Belcher Tract, 33114 Post Office Neck
W. Lowrey, Jr.
r. Traffic Commission Recommendations:
A. Consideration of request from Sue Kork, Wood Group Pressure Control, 14311 Highway 177, Shawnee, OK, to install stop signs mid-block on American Way at location of private drives to Round House Manufacturing and Wood Group Pressure Control thus making location a four-way stop.
RECOMMENDATION: Board recommends approval.
Before voting on the Consent Agenda, Mayor Peterson requested that Agenda Item No. 2(j) be pulled for separate consideration.
A motion was made by Commissioner Holt, seconded by Commissioner Harrod, to approve the Consent Agenda Item No. 2(a-r), less (j) as presented. Motion carried 7-0.
In consideration of Agenda Item 2(j) regarding the Traffic Commission Board seat held by Kelly Mallory, it was noted by Mayor Peterson that Kelly Mallory was eligible for appointment to a full term. A motion was made by Commissioner Holt, seconded by Commissioner Collier, acknowledging that Kelly Mallory is eligible for a full term reappointment. Motion carried 7-0.
AGENDA ITEM NO. 3: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)
Neva Treiber, 1240 N. Broadway, spoke before the Commission regarding the Hotel/Motel tax collected by the City of Shawnee. Ninety-nine percent of the amount of the tax collected is passed on to the Convention and Visitors Bureau and one percent is retained by the City of Shawnee for administration purposes. Ms. Treiber argued for the City to retain a larger percentage of the tax and listed purposes in which the additional funds could be used.
Max Knowlton, addressed the Commission regarding property located at 425 S. Lincoln Street. This property is owned by the City and is adjacent to property owned by Mr. Knowlton. Mr. Knowlton is requesting the City declare the property surplus and allow it to be sold.
Staff was directed to compile a list of City owned properties for the Commission’s review.
AGENDA ITEM NO. 4: Presentation from Cheryl Dorrance of OML to discuss capital projects funding options.
Ms. Cheryl Dorrance and Ms. Carolyn Stager of the Oklahoma Municipal League were present at the meeting. Ms. Dorrance spoke of funding options for capital projects. She stated that cities in Oklahoma are heavily reliant on sales tax revenue. Unlike other states, Oklahoma does not receive property tax, state tax or income tax. Therefore, approximately 50% of most cities’ revenue is derived from sales tax.
Various financing options described by Ms. Dorrance were the “Pay as You Go” method, Government Obligation bonds, Revenue bonds, loans from the Oklahoma Water Resources Board, Special Improvement Districts, Tax Improvement Financing and Lease Purchase agreements.
Ms. Dorrance spoke of the pros and cons of each option and used the cities of Okemah and Woodward to illustrate examples of use of the various funding sources.
AGENDA ITEM NO. 5: Presentation by Josh Holman, YMCA Aquatics Director, regarding the 2009 Swimming Season for the Shawnee Municipal Pool.
Mr. Josh Holman, YMCA Aquatics Director, stated that the number one priority is to make the pool a safe and fun environment for the kids and families. Painting of murals has been completed and concrete is now being poured. The anticipated opening date is May 29, 2009.
General admission fee to the pool are:
Infants No Charge
5 years & under $3.00
6 years & up $4.00
A season pass will cost $50.00 per individual and can be purchased at the YMCA .
This season swimming lessons and water aerobics will be available to pool users for a small fee. A YMCA membership is not required to use the pool. Pool hours for open swimming are Monday - Saturday from 12:00 (noon) to 6 p.m. Sunday hours are 1:00 – 5:00 p.m. The pool will remain open until September 7th.
AGENDA ITEM NO. 6: A public hearing and consideration to approve an ordinance rezoning property from A-1; Agricultural to R-1; Residential for property located at 65 Timber Creek Drive. (Applicant: David Federighi)
Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property located at 65 Timber Creek Drive.
Mayor Peterson asked if any person wished to appear in favor of or in protest of the rezoning.
Staff report was given by Community Development Director Justin Erickson who noted that the subject site is currently vacant and is classified as “Residential”. The R-1 Zone is consistent with adjacent properties and will allow for low-density residential construction. The applicant is requesting to rezone the property from A-1 to R-1 to construct a single-family residence on an approximately 3.0 acre lot which will facilitate additional development in the area. Staff recommends approval subject to the applicant obtaining clearance from the Federal Aviation Administration.
No others appeared and the public hearing was closed.
Ordinance No. 2401NS was introduced and the title read aloud.
ORDINANCE NO. 2401NS 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 IN THE NORTHWEST QUARTER (NW/4) OF SECTION ONE (1), TOWNSHIP TEN (10) NORTH, RANGE THREE (3) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER (SW/C NW/4); THENCE S89°54’31”E A DISTANCE OF 2051.96 FEET TO THE POINT OF BEGINNING; THENCE N08°30’12”E A DISTANCE OF 454.46 FEET; THENCE S89°54’31”E A DISTANCE OF 251.22 FEET; THENCE S00°00’0” A DISTANCE OF 449.57 FEET; THENCE N89°54’31”W A DISTANCE OF 318.42 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO R-1; RESIDENTIAL AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”
A motion was made by Commissioner Harrod, seconded by Commissioner Holt, that the Title and Ordinance No. 2401NS be approved subject to FAA approval. Motion carried 7-0.
Thereupon Mayor Peterson declared Ordinance No. 2401NS duly passed and adopted.
AGENDA ITEM NO. 7: A public hearing and consideration to approve an ordinance adopting the 2006 Edition of the International Property Maintenance Code.
Mayor Peterson declared a public hearing in session to consider an ordinance adopting the 2006 Edition of the International Property Maintenance Code.
Mayor Peterson asked if any person wished to appear in favor of or in protest of the ordinance.
Staff report was given by Mr. Erickson. After a lengthy discussion, the City Commission agreed that more time was needed to consider this item. Vice-Mayor Stephens requested that a copy be made available to the President of the Shawnee Home Builders.
A motion was made by Commissioner Harrod, seconded by Commissioner Collier, that the public hearing be recessed and the consideration of this Ordinance be deferred until the June 15, 2009 City Commission meeting. Motion carried 7-0.
AGENDA ITEM NO. 8: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Hybrid and Defined contribution plan for Wanda Hill.
A motion was made by Vice Mayor Stephens, seconded by Commissioner Collier, to approve Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Hybrid and Defined contribution plan for Wanda Hill. Motion carried 7-0.
AGENDA ITEM NO. 9: Discuss and approve the CDBG FY 2009-10 One (1) Year Action Plan for fiscal year beginning July 1, 2009 through June 30, 2010.
Community Development Program Manager Mike Wolf was present to explain the 2009-10 Action Plan which requires Commission approval before Federal funds can be applied for.
Mr. Wolf explained how the program operates and the amount of money received from HUD to fund the repairs of existing homes or the construction of new homes to low income persons.
A motion was made by Commissioner Harrod, seconded by Commissioner
Holt, to approve CDBG 09-10 One Year Action Plan for fiscal year beginning July 1, 2009 through June 30, 2010. Motion carried 7-0.
AGENDA ITEM NO. 10: Consider an inter-local agreement between the Shawnee Airport Authority and the Oklahoma Department of Public Safety (DPS) in reference to the DPS leasing a portion of the former Army Reserve building located at 1822 Airport Drive.
Assistant Airport Manager Rex Hennen reported that the recommendation from the Airport Advisory Board is that the lease initially be for a six month term then changing to a month-to-month basis with language stating that should the City find a tenant that wants to lease the entire facility, the DPS will be given a 60 day notice to vacate. However, legal counsel for the DPS indicates that the State does not lease property with terms which are that short. Their proposal is a one year lease with the option to renew for 4 additional six month periods, with six months notice required should either party wish to change the terms of the lease.
A motion was made by Commissioner Sims, seconded by Vice Mayor Stephens, to approve inter-local agreement between Shawnee Airport Authority and the Oklahoma Department of Public Safety (DPS) for a one year lease with the option to renew for 4 additional six periods, with six month notice required should either party wish to change the terms of the lease. Motion carried 7-0.
AGENDA ITEM NO. 11: Consider a resolution authorizing the mayor to cast votes for Ms. Patti Kusel-Shelite and Mr. Wilt Brown as Trustees for Oklahoma Municipal Assurance Group for three-year terms commencing July 1, 2009.
Resolution No. 6352 was introduced and read aloud.
RESOLUTION NO. 6352 ENTITLED “A RESOLUTION AUTHORIZING AND DIRECTING LINDA PETERSON, MAYOR AND AUTHORIZED AGENT OF THE CITY OF SHAWNEE, OKLAHOMA, TO CAST VOTES FOR TRUSTEES OF THE OKLAHOMA MUNICIPAL ASSURANCE GROUP TO FILL EXPIRING TERMS OF TRUSTEES.”
A motion was made by Vice Mayor Stephens, seconded by Commissioner Sims, that the Title and Resolution No. 6352 be approved. Motion carried 7-0.
Thereupon Mayor Peterson declared Resolution No. 6352 duly passed and adopted.
AGENDA ITEM NO. 12: Discuss and consider dates for the Commission to tour various city buildings, parks, Water Treatment Plant, and Wastewater Treatment Plants.
City Manager Brian McDougal presented this item to the Commission as an opportunity to tour the City’s facilities. He also suggested that the first tour consist of a tour of water and sewer facilities during the afternoon and a meeting in the evening to hear a presentation from Oklahoma Municipal Financing regarding the water rate study. After the Commission compared availability, the date of June 22, 2009 was selected to tour the water and sewer facilities. The tour will begin at 2:00 p.m. on that date and the Commission will conclude the tour with a meeting at City Hall Commission Chambers at 6:30 p.m. to hear a presentation John Wolf of Oklahoma Municipal Finance regarding the water rate study.
The date of July 13, 2009 was also set aside to tour additional city facilities, such as parks and the Expo Center.
AGENDA ITEM NO. 13: Consider Bids:
a. Annex New Roof Installation (Award)
A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to award bid for Annex New Roof Installation to Oklahoma Roofing & Sheet Metal, Oklahoma City, in the amount of $35,349.77, as the lowest and best bid. Motion carried 7-0.
b. Overlay Street Maintenance Project – Various Locations COS-PW-08-04 (Open)
City Engineer John Krywicki read five (5) bids into record.
BIDDER AMOUNT
T.J. Campbell Construction Co.
Oklahoma City, OK $399,900.00
RDNJ, Inc. dba A-Tech Paving
Edmond, OK $342,270.00
Rudy Construction Co.
Oklahoma City, OK $366,115.00
Howard’s Excavation & Paving
Oklahoma City, OK $374,316.59
All Roads Paving, Inc.
Oklahoma City, OK $314,572.80
Engineer’s estimate: $400,000.00
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to defer bids for Overlay Street Maintenance Project – Various Locations to staff for review and recommendation at the June 1st City Commission meeting.
Motion carried 6-0.
VICE MAYOR STEPHENS WAS NOT PRESENT DURING THE VOTE
c. ADA Handicap Ramps Project – Various Locations COS-PW-08-05 (Open)
Three (3) bids were received and read into record as follows:
BIDDER AMOUNT
Medevelop
Edmond, OK $80,976.00
Rudy Construction
Oklahoma City, OK $90,640.00
Central Contracting Services
Norman, OK $168,270.00
Engineer’s estimate: $95,000.00
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to defer ADA Handicap Ramps Project – Various Locations bid to staff for review and recommendation at the June 1, 2009 City Commission meeting. Motion carried 7-0.
AGENDA ITEM NO. 14: Transfer of Appropriation FY2008-09 General Fund
Needed to fund Annex New Roof Installation and for possible decking replacement, if needed.
Interim Operations Director James Bryce stated due to the bids coming in over the projected cost a transfer of funds will be needed to fully fund the Annex Re-Roof project.
The project for the Security Improvements at the Annex will not require the whole budgeted amount. Estimated improvement cost will be approximately $11,000 leaving $24,000. The extra funds will provide for deck replacement on the Annex if needed.
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve transfer of appropriation to fund Annex New Roof Installation and for possible decking replacement, if needed. Motion carried 7-0.
AGENDA ITEM NO. 15: Consider resolution supporting activities focused on the improvements of freight rail systems.
Resolution No. 6353 was introduced and read aloud.
RESOLUTION NO. 6353 ENTITLED “A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF SHAWNEE, OKLAHOMA, REQUESTING THE OKLAHOMA DEPARTMENT OF TRANSPORTATION TO CONTINUE CONSIDERING FREIGHT RAIL SERVICE A PRIORITY FOR THE CITY OF SHAWNEE, OKLAHOMA FOR THE BENEFIT OF THE CITY’S EXISTING AND FUTURE INDUSTRIES; TO ENCOURAGE ODOT AND THE BURLINGTON NORTHERN SANTA FE AND UNION PACIFIC RAILWAYS TO WORK TOGETHER TO OBTAIN FEDERAL “STIMULUS FUNDS” TO IMPROVE EXISTING TRACK CONDITIONS; AND REPLACING RESOLUTION NO. 6334.”
A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, that the Title and Resolution No. 6353 be approved. Motion carried 7-0.
Thereupon Mayor Peterson declared Resolution No. 6353 duly passed and adopted.
AGENDA ITEM NO. 16: 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. 17: Administrative Reports
City Engineer John Krywicki gave an update regarding the right-of-way acquisition for the Kickapoo Street Widening Project. He stated that 48 appraisals have been performed by Coates Field Services and 31 Letters of Offer have been made. At this time 9 rights-of-way have been secured. During a recent meeting with representatives of Coates, Mr. Krywicki asked them to review the properties at fair market value and not include damages at this time.
Assistant Airport Director Rex Hennen reported that the final paperwork on the E.D.A. grant for the new airport terminal building has been sent to Washington D.C. for approval.
Interim Director of Operations James Bryce reported that the cemetery is preparing for the Memorial Day ceremonies at Fairview Cemetery. They have moved the flag pole and poured concrete to provide for seating. The ceremony will be May 25, 2009 at 11:00 a.m.
Mr. Bryce further reported that the concrete is being poured at the Municipal Pool and he anticipates filling the pool by the end of this week.
AGENDA ITEM NO. 18: Consider an Executive Session to discuss acquisition of real property for Regional Sports Park pursuant to 25 O.S. §307 (B) (3).
A motion was made by Commissioner Harrod, seconded by Vice Mayor Stephens, to go into Executive Session to consider and discuss acquisition of real property for Regional Sports Park. Motion carried 7-0.
CITY COMMISSION NOW IN EXECUTIVE SESSION AT 8:25 P.M. WITH ALL COMMISSIONERS PRESENT.
CITY COMMISSION RECONVENED IN REGULAR SESSION AT 8:55 P.M. WITH ALL COMMISSIONERS PRESENT.
AGENDA ITEM NO. 19: Consider matters discussed in Executive Session regarding acquisition of real property for Regional Sports Park pursuant to 25 O.S. §307 (B) (3).
A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to direct the City Manager to proceed with the process of purchasing real property from the School Land Commission.
Commissioner Harrod reported a hole in the street on South Beard. City Engineer John Krywicki said that it would be checked.
AGENDA ITEM NO. 21: Adjournment
There being no further business to be considered, a motion was made by
Commissioner Winterringer, seconded by Commissioner Holt, that the meeting be adjourned. Motion carried 7-0. (8:57 p.m.)
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