BOARD OF CITY COMMISSIONERS PROCEEDINGS
JUNE 6, 2011 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, June 6, 2011 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.
Absent
Mayor
Pam Stephens Frank Sims
Commissioner Ward 1 Commissioner Ward 2
James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4-Vice Mayor
Absent Steve Smith
Commissioner Ward 5 Commissioner Ward 6
ABSENT: Linda Peterson, John Winterringer
INVOCATION REV. PHIL THOMPSON
LIBERTY BAPTIST CHURCH
FLAG SALUTE
AGENDA ITEM NO. 1: Consider approval of Agenda.
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve the Agenda. Motion carried 5-0.
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 20.
b. Minutes from the May 16, 2011 regular meeting and minutes from the Emergency meeting May 27, 2011.
c. Acknowledge the following minutes:
• Traffic Commission minutes from January 25, 2011 and February 15, 2011
• Shawnee Civic and Cultural Development Authority minutes from April 21, 2011
• Planning Commission minutes from May 4, 2011
d. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution for John Purdon.
e. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution for Don Heaps.
f. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution for Kevin Campbell.
g. Authorize staff to advertise for bids for Contract COS-PW-11-01: Rehabilitate Runway 17/35; Grade Safety Areas; and Construct Connecting Taxiway.
h. Authorize staff to advertise for RFP’s for the Auditorium Heat and Air Project Design/Build.
i. Approve agreement with the YMCA for lease of mower for maintenance of ball fields.
j. Authorize staff to apply for EOC Grant from Federal Emergency Management Agency.
k. Authorize Staff to do design work and prepare bids for repairing Expo parking lots as per approved landscaping plans accepted by SCCDA board.
l. Approve Community Service Contract Review Committee recommendations and agreements as follows:
(1) Consider renewal of contract with Senior Citizens, Inc. for operation of the Municipal Auditorium for FY 2011-12
RECOMMENDATION: To approve the contract with Senior Citizens, Inc. for FY 2011-12 in the amount of $72,100.
(2) Consider renewal of contract with Central Oklahoma Community Action Agency/Central Oklahoma Transit for FY 2011-12.
RECOMMENDATION: To approve the contract with Central Oklahoma Community Action Agency/Central Oklahoma Transit for FY 2011-12 in the amount of $58,500.00.
(3) Consider renewal of contract with YMCA for operation of Shawnee Community Center for FY 2011-12.
RECOMMENDATION: To approve the contract with the YMCA for operation of the Community Center for FY 2011-12 in the amount of $36,000.
m. Acknowledge Traffic Commission recommendations from February 15, 2011
A. Consideration of request made by Shawnee Milling Company to close South Broadway from Farrell to 7th Street to the public.
BOARD RECOMMENDATION: Board recommends approval
STAFF RECOMMENDATION: Staff recommends approval
n. Approve Traffic Commission recommendations from April 26, 2011
A. Consideration of request by staff to put up street light at the following locations:
(1) 1800 block of North Union
(2) Intersection of Industrial Way and Industrial Drive
(3) Kickapoo & Hazel Del
(4) Kickapoo & Garrett’s Lake Road
(5) Kickapoo & Moccasin Trail
(6) Dewey & Leo at railroad tracks
BOARD RECOMMENDATION: Board recommends installation at all requested locations.
STAFF RECOMMENDATION: Staff recommends installation at all requested locations.
B. Consideration of request by Sustainable Shawnee and Justice Mission of Oklahoma Baptist University to put up light on existing pole on Wall between Park and Market.
BOARD RECOMMENDATION: Board recommends to deny this request.
STAFF RECOMMENDATION: Staff recommends to deny this request,.
C. Consideration of request by Gilbert Crook, 617 S. Louisa, to put up “Children at Play” sign on the 600 block of South Louisa
BOARD RECOMMENDATION: Board recommends to deny this request.
STAFF RECOMMENDATION: Staff recommends to deny this request.
D. Consideration of request by staff to lower speed limit on North Kickapoo North of 45th Street.
BOARD RECOMMENDATION: Board recommends to request ODOT to conduct a traffic speed study to lower speed limit on S.H. 3E (Kickapoo Street).
STAFF RECOMMENDATION: Staff recommends to request ODOT to conduct a traffic speed study to lower speed limit on S.H. 3E (Kickapoo Street).
o. Approve Lake Site Lease Transfers and Renewal:
Transfers:
Lot 16 Belcher Tract, 33312 Post Office Neck
From: J. Nicholson and M. Nicholson
To: J. Hays and C. Barks
Lot 1 Magnino A Tract, 17000 Magnino Road
From: W. Lohden
To: J. Mutz and S. Mutz
Lot 15 Magnino A Tract, 17316 Magnino Road
From: E. Hawkins
To: S. Shadid and N. Shadid
Renewal:
Lot 7 Green Tract, 32005 Hornbeck Road
L. Spencer and K. Spencer
p. Approval of the CDBG FY 2011 – FY 2012 One (1) Year Action Plan for fiscal year beginning July 1, 2011 through June 30, 2012.
q. Approve renewal of the following agreements for FY 2011-2012:
1. Independent School District No. 93 for maintenance of tennis courts.
2. Pottawatomie County District Court to establish, develop and implement programs for juvenile misdemeanor offenders.
3. Gordon Cooper Technology Center District No. 5 to provide repaving and repair of public roadways and parking lots used by students, faculty, employees and patrons of GCTC.
4. Agreement with Youth and Family Resourse Center, Inc. (Hope House) for Juvenile Services.
5. Agreement to provide police officers for Shawnee High School and Middle School.
6. Governmental Services contract with the Shawnee Civic and Cultural Development Authority.
7. Animal shelter facility agreement with Town of McLoud.
8. Pottawatomie County Public Safety Center Jail Services Agreement.
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve the Consent Agenda Items a – q. Motion carried 5-0.
AGENDA ITEM NO. 3: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)
Ms. Cheryl Thomas encouraged the Commission to pass the ordinance and emergency clause regarding the issue of venting of garage storm shelters, which is on the agenda for Commission consideration.
AGENDA ITEM NO. 4: Presentation by City Manager of Employee of the Month to Lisa Moody, Accounting.
City Manager Brian McDougal presented Employee of the Month honors to Lisa Moody, a 27 year City employee. Ms. Moody was present to accept.
AGENDA ITEM NO. 5: Presentation by City Manager of FEMA Advanced Professional Series Certificate of Completion to Butch Lutomski.
City Manager presented Butch Lutomski with the FEMA Advanced Professional Series Certificate of Completion. Mr. Lutomski was present to accept his award.
AGENDA ITEM NO. 6: Consider a resolution naming Jim Spurr as Poet Laureate of Shawnee.
A motion was made by Commissioner Sims, seconded by Commissioner Stephens, to approve the Resolution naming Jim Spurr as Poet Laureate of Shawnee.
Resolution No. 6406 was introduced and the title read aloud.
A RESOLUTION RECOGNIZING JIM SPURR FOR HIS ACCOMPLISHMENTS AND NAMING HIM SHAWNEE’S POET LAUREATE; DIRECTING THAT SAID RESOLUTION BE SPREAD UPON THE OFFICIAL RECORDS OF THE CITY OF SHAWNEE, OKLAHOMA; AND AUTHORIZING A COPY BE PRESENTED TO THE SAID JIM SPURR.
Motion carried 5-0.
AYE: Sims, Stephens, Harrod, Collier, Smith
NAY: None
Mr. Spurr was present to accept the resolution and thanked the Commission for the honor.
AGENDA ITEM NO. 7: Presentation by Yale Oil Association, Inc. regarding drilling permit.
Representatives of Yale Oil Company, Candance Robinson, Frank Thompson and Darren Teeman were present to review Yale’s application for a drilling permit and to assure Commissioners of the safeguards in place to protect our water supply.
AGENDA ITEM NO. 8: Consider request by Yale Oil Association, Inc. to drill an oil well on property located near 32010 Clearpond Road.
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to allow Yale Oil Association, Inc. to drill an oil well on property located near 32010 Clearpond Road. Motion carried 5-0.
AGENDA ITEM NO. 9: Consider approval of an amendment to the Legacy Park P.U.D. to change the building height from 35 feet to 48 feet for property located at 1701 Airport Drive. Case #P07-11 Applicant: Landes Engineering, LLC
A motion was made by Commissioner Stephens, seconded by Commissioner Sims, to approve an amendment to the Legacy Park P.U.D. to change the building height from 35 feet to 48 feet for property located at 1701 Airport Drive contingent upon the following conditions being met:
1. Final infrastructure and site development plans shall be submitted by the applicant and approved by the City and the City Engineer prior to construction.
2. All other applicable City standards apply.
3. No other deviations from the approved PUD are approved.
4. A three-story structure up to 48 feet tall may be constructed on the subject site.
5. The two existing curb cuts located along Airport Drive shall be closed and curbed to City standards concurrent with site development.
Motion carried 5-0.
AYE: Stephens, Sims, Harrod, Collier, Smith
NAY: None
AGENDA ITEM NO. 10: Consider approval of a preliminary and final plat for Legacy Park Second Addition located east side of Airport Road south of Saratoga. Case #S07-11 & S08-11 Applicant: Landes Engineering, LLC
A motion was made by Commissioner Stephens, seconded by Commissioner Sims, to approve the preliminary and final plat for Legacy Park Second Addition located east side of Airport Road south of Saratoga contingent upon the following conditions being met:
1. Final infrastructure and site development plans shall be submitted by the applicant and approved by the City and the City Engineer prior to construction.
2. All other applicable City standards apply.
3. No other deviations from the approved PUD are approved.
4. A three-story structure up to 48 feet tall may be constructed on the subject site.
5. The two existing curb cuts located along Airport Drive shall be closed and curbed to City standards concurrent with site development.
Motion carried 5-0.
AYE: Stephens, Sims, Harrod, Collier, Smith
NAY: None
AGENDA ITEM NO. 11: Public hearing and consider an ordinance to rezone property located at 1905 N. Bryan from R-1; Residential and A-1; Agricultural to a Planned Unit Development (P.U.D.). Case #P08-11 Applicant: Landes Engineering, LLC
Vice-Mayor Collier declared a public hearing and asked for public comments from anyone in favor or in protest of this ordinance.
Mr. Richard Landes, applicant, came forward in favor of the project and asked if Commissioners had any questions regarding the project.
No other persons appeared and the public hearing was closed.
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve an ordinance to rezone property located at 1905 N. Bryan from R-1; Residential and A-1; Agricultural to a Planned Unit Development (P.U.D.) contingent upon the following conditions being met:
1. The three existing curb cuts along the Bryan Street shall be closed and curbed, in accordance with City standards concurrent with site development.
2. In accordance with the Shawnee Zoning Code, screening is required along the northern and eastern property lines.
3. The proposed sidewalks shown on the submitted site plan/preliminary plat shall be constructed along Bryan Street and Bradley Street.
4. A maximum building height of 51 feet is allowed for the main structure. Villa (townhouse/duplex) units shall not exceed 35 feet in height.
5. A detailed landscaping plan shall be submitted prior to building permit issuance.
6. A reduction in the number of required parking spaces is hereby approved, provided that a minimum of 87 spaces are constructed excluding the villa units.
7. All other applicable City standards apply.
8. All existing water wells shall be decommissioned as required in accordance with City code and State law.
9. All exterior lighting shall be oriented and shielded to prevent "light trespass" onto adjacent residential properties.
10. Unless otherwise conditioned by the City, all development shall be consistent with the Primrose Retirement Community Master Plan prepared by Landes Engineering and dated May 2011. Site design shall be substantially similar to submitted drawings, details, photographs and renderings.
The title of Ordinance No. 2455NS was then read into the record:
Ordinance No. 2455NS
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 FOURTEEN (14), CROSE’S ADDITION TO THE CITY OF SHAWNEE, LESS 1 ACRE IN THE NORTHWEST CORNER OF SAID LOT FOURTEEN (14) TO BE DETERMINED, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF REZONING SAID PROPERTY FROM R-1; SINGLE FAMILY RESIDENTIAL AND A-1; AGRICULTURAL TO P.U.D.; PLANNED UNIT DEVELOPMENT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.
AGENDA ITEM NO. 12: Consider approval of a preliminary plat for Primrose Addition located at the Northeast corner of Bryan and Bradley. Case #S05-11 Applicant: Landes Engineering, LLC
A motion was made by Commissioner Sims, seconded by Commissioner Stephens, to approve the preliminary plat for Primrose Addition located at the Northeast corner of Bryan and Bradley. Motion carried 5-0.
AYE: Sims, Stephens, Harrod, Collier, Smith
NAY: None
AGENDA ITEM NO. 13: Consider approval of a final plat for Primrose Addition located at the Northeast corner of Bryan and Bradley. Case #S06-11 Applicant: Landes Engineering, LLC
On the recommendation of Community Development Director Justin Erickson, a motion was made by Commissioner Harrod, seconded by Commissioner Sims, to defer consideration of the final plat for Primrose Addition located at the Northeast corner of Bryan and Bradley to the July 18, 2011 City Commission meeting. Motion carried 5-0.
AGENDA ITEM NO. 14: Public hearing and consider an ordinance closing to public use a portion of Broadway Street between Seventh Street and Farrall.
Vice-Mayor Collier declared a public hearing and asked for public comments for anyone in favor or in protest of this ordinance.
Ms. Jeanetta Townes spoke in protest of the street closing, citing traffic flow on Bell Street.
Mr. Bill Ford spoke in favor of the closure stating it would be a great benefit for the future growth of Shawnee Milling Company
No other persons spoke and the public hearing was closed.
A motion was made by Commissioner Stephens, seconded by Commissioner Harrod, to approve an ordinance closing to public use a portion of Broadway Street between Seventh Street and Farrall.
The title of Ordinance No. 2456NS was then read into the record:
Ordinance No. 2456NS
AN ORDINANCE CLOSING TO PUBLIC USE A PORTION OF BROADWAY STREET IN THE CITY OF SHAWNEE, OKLAHOMA; SPECIFICALLY DESCRIBING SAID STREET; RESERVING THE RIGHT TO REOPEN SAID STREET; RESERVING UTILITIES; AND DECLARING AN EMERGENCY.
A motion was made by Commissioner Stephens, seconded by Commissioner Harrod, that the Emergency Clause be approved declaring that this ordinance shall be in full force and effect upon passage.
AGENDA ITEM NO. 15: Consider an ordinance relating to trespassing.
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve an ordinance relating to trespassing.
The title of Ordinance No. 2457NS was then read into the record:
Ordinance No. 2457NS
AN ORDINANCE RELATING TO TRESPASSING IN THE CITY OF SHAWNEE; AMENDING SUBSECTIONS (a) AND (b) AND CREATING A NEW SUBSECTION (c) OF SECTION 20-27 OF CHAPTER 20 OF THE CODE OF THE CITY OF SHAWNEE; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
Thereupon Vice-Mayor Collier declared Ordinance No. 2457NS duly passed and adopted.
No motion was made on Section 9, the Emergency Clause, therefore the ordinance shall be in effect thirty (30) days from its passage and approval.
AGENDA ITEM NO. 16: Consider an ordinance relating to storm shelter venting.
A motion was made by Commissioner Sims, seconded by Commissioner Harrod, to approve an ordinance relating to storm shelter venting. The passage of this ordinance would not require venting of garage shelters, either pre-existing or new construction.
The title of Ordinance No. 2458NS was then read into the record:
Ordinance No. 2458NS
AN ORDINANCE RELATING TO VENTING OF STORM SHELTERS IN THE CITY OF SHAWNEE BY AMENDING SECTION R309 OF THE 2003 INTERNATIONAL RESIDENTIAL CODE, PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.
A motion was made by Commissioner Sims, seconded by Commissioner Harrod, that the Emergency Clause be approved declaring that this ordinance shall be in full force and effect upon passage.
AGENDA ITEM NO. 17: Public hearing and presentation of the FY2011-2012 budget.
Vice-Mayor Collier opened the public hearing and asked if anyone present wished to speak in favor or against the FY2011-2012 budget. No one appeared and the public hearing was closed.
City Manager Brian McDougal gave a budget presentation and spoke in greater detail regarding the General Fund, Revenue Summary, SMA Funds – Revenues, General Fund Expenses, Airport Funds and Capital Funds.
SMA Capital projects included a $500,000 pipe bursting plan, water line replacement and looping, sludge pond cleaning and an airport lift station.
Mr. McDougal further discussed a short-term $3 million loan for some smaller general fund projects. Among those mentioned were the repairs to Expo parking, replacement of the library roof, repairs to the airport walking track, installation of wayfinding signage, a new cemetery building, the replacement of Fire Department Squad 1vehicle and the replacement of City Hall phone system.
Regarding personnel, the budget proposal includes a 3% cost of living increase to non-union city employees. Further, it also proposes that insurance benefits be equalized for all uniform and non-uniform employees
AGENDA ITEM NO. 18: Consider a resolution of support for economic development and affordable housing for the Absentee Shawnee Housing Authority.
A motion was made by Commissioner Sims, seconded by Commissioner Stephens, to approve the Resolution of support for economic development and affordable housing for the Absentee Shawnee Housing Authority.
Resolution No. 6407 was introduced and the title read aloud.
RESOLUTION NO. 6408
A RESOLUTION OF SUPPORT FOR ECONOMIC DEVELOPMENT AND AFFORDABLE HOUSING FOR THE BENEFIT OF THE CITIZENS OF SHAWNEE, OKLAHOMA; AND SUPPORT OF TAX CREDIT AWARD FOR THE CONSTRUCTION OF AFFORDABLE HOUSING DEVELOPMENT IN THE CITY OF SHAWNEE, OKLAHOMA.
Motion carried 5-0.
AYE: Sims, Stephens, Harrod, Collier, Smith
NAY: None
AGENDA ITEM NO. 19: Consider a resolution setting the hours of opening and closing of City of Shawnee parks.
A motion was made by Commissioner Stephens, seconded by Commissioner Sims, to approve the Resolution setting hours of opening and closing of City of Shawnee parks.
Resolution No. 6408 was introduced and the title read aloud.
A RESOLUTION SETTING THE HOURS OF OPENING AND CLOSING OF PARKS UNDER THE JURISDICTION OF THE CITY OF SHAWNEE; DIRECTING THE CITY MANAGER TO CAUSE SIGNS TO BE ERECTED IN APPROPRIATE PLACES NOTIFYING THE PUBLIC OF SUCH HOURS; AUTHORIZING THE CITY MANAGER TO PERMIT VARIANCES FOR SPECIAL EVENTS OR CIRCUMSTANCES; AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH.
Motion carried 5-0.
AYE: Stephens, Sims, Harrod, Collier, Smith
NAY: None
AGENDA ITEM NO. 20: Consider Bids:
a. Water Treatment Plant Chemical Building HVAC System Project No. SHA-10-02 (Open)
BIDDER AMOUNT
M&J Contractors, LLC $93,690.00
Ada, OK
Mechanical Concepts Inc. $75,754.70
Heating & Air Conditioning
Oklahoma City, OK
All Phase Electric $75,000.00
Shawnee, OK
Randy Brock 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 Sims, seconded by Commissioner Stephens, to defer the bid award to the June 20, 2011 City Commission meeting. Motion carried 5-0.
AYE: Sims, Stephens, Harrod, Collier, Smith
NAY: None
b. One (1) 2011 Truck Mounted Sewer Jetter (Award)
Randy Brock announced that five bids were received and after review and consideration it was their recommendation to award the bid to J&R Equipment, LLC of Oklahoma City, Oklahoma in the amount of $177,189.00.
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to accept staff’s recommendation and award the bid to J&R Equipment, LLC in the amount of $177,189.00. Motion carried 5-0.
AGENDA ITEM NO. 21: 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. 22: Administrative Reports
There was no Administrative Reports.
AGENDA ITEM NO. 23: Commissioners Comments
Commissioner Stephens congratulated Jim Spurr on his poet laureate designation and commented that she and Commissioner Sims had worked with Mr. Spurr many years ago on a Shawnee Little Theatre production.
Commissioner Stephens also had positive comments regarding the City’s Blackboard Connect mass communication system. She was impressed how well it worked during the recent severe weather and a later water emergency.
Commissioner Sims thanked the water/utility crews for their quick response during the water emergency that caused our water towers to drain. The crews worked tirelessly to repair the problem and to lessen the impact to citizens.
AGENDA ITEM NO. 24: Adjournment
There being no further business to be considered, a motion was made by Commissioner Stephens, seconded by Commissioner Sims, that the meeting be adjourned. Motion carried 5-0. (7:41 p.m.)
AYE: Stephens, Sims, Harrod, Collier, Smith
NAY: None
BILLY COLLIER, VICE-MAYOR
(SEAL)
ATTEST:
PHYLLIS LOFTIS,
CITY CLERK
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