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 16, 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 Jimmie Don Gibson
Calvary Baptist Church
FLAG SALUTE Mayor Mills
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of the May 2, 2005 meeting
b. Acknowledge the following reports and minutes:
* Sales Tax Report through May, 2005
* Warrant Officer report for the month of April, 2005
* Utility Division report for the month of April, 2005
* Shawnee Beautification Committee minutes from the April 4, 2005 meeting
* Shawnee Urban Renewal Authority minutes from the April 19, 2005 meeting.
* Sister Cities Council minutes from the April 12, 2005 meeting.
* Traffic and Transportation Commission minutes from the November 23, 2004 meeting.
* Planning Commission minutes from the April 20, 2005 meeting
c. Lakesite Lease Transfer:
Lot 11, Magnino Tract
To: William R. & Juanita R. Cox
P.O. Box 233
Canadian, OK 74425
From: Ronnie Roberts
4002 Woodmark Dr.
Harrah, OK 73045
d. Approve Oklahoma Municipal Retirement Fund applications for lump sum distribution to the following: Lee McKey, Gary Marsh, Warren Ingersoll and Virginia Roberson.
e. Approve a resolution authorizing Mayor Mills to cast votes for the Oklahoma Municipal Assurance Group Board for Rebecca Cragin, Ed Tinker and Bruce Johnson.
f. Authorize staff to advertise for bids for an aerial lift truck.
g. Authorize staff to advertise for bids for Shawnee Regional Airport Pavement Repair Project.
h. Approve out-of-state travel for Mike Wolf to accept award from National Association of Housing and Redevelopment Officials at their convention in Santa Fe, New Mexico, June 19 – 21, 2005.
i. Approve Traffic Commission Recommendations:
1) Request from Kyla Custar, 33308 Pecan Grove Road, to install 3-way stop at the T-intersection of Lake Dam #2 Road and Pecan Grove Road.
Recommendation: To defer request to give new Traffic Commission members time to review.
2) Request from resident to remove stop sign at railroad tracks on 45th Street.
Recommendation: To defer request until Santa Fe Railroad has been contacted for clarification.
3) Approval 2005 Meeting Calendar
Recommendation: To approve with time change to 6:00 p.m.
4) Request from staff to change the board’s name to Traffic Commission.
Recommendation: To approve request.
5) Request from Brandi Parsons to adopt the Deaf Child Area warning guidelines.
Recommendation: To approve request with guidelines modified to a child age 2 – 14 years of age.
6) Request from Cecil Wall, 814 N. McKinley, to install a speed limit sign at that location.
Recommendation: To deny request
7) Request from Leonard Humphries, 436 S. Pennsylvania, to install a “dangerous curve” sign at that location.
Recommendation: To deny request.
8) Request from Brian Johnson, 5800 N. Kickapoo, to install a street light at the intersection of Kickapoo and Westech Road.
Recommendation: To approve request.
9) Request from Thomas Schrzan, 616 N. Aydelotte, to install a street light at the intersection of Leo and 45th streets. (Note: Commissioner Schrzan’s current address is 1304 N. Beard)
Recommendation: To approve request.
j. Approve recommendations from the Community Service Contracts Review Committee regarding renewal of the following contracts:
1) District Attorney’s Drug Task Force
Recommendation: Not to renew the contract at this time based on District Attorney’s recommendation, but reserving the amount of $20,000.00 to be applied for future drug enforcement.
2) Central Oklahoma Community Action Agency for management of the Municipal Auditorium and Community Center
Recommendation: To renew the contract for six months at last year’s rate of $48,000.00; with $6,350.00 used for Municipal Auditorium janitorial services and $41,650 for the operation and management of the Community Center. The Community Service Contracts Review Committee will meet on a monthly basis to develop an RFP for management of the Municipal Auditorium and Community Center.
3) Central Oklahoma Community Action Agency for Central Oklahoma Transit
Recommendation: To renew the contract for one year in the amount of $50,000.00.
4) Senior Citizens of Shawnee
Recommendation: To renew this contact for one year in the amount of $50,000.00.
5) Downtown Shawnee, Inc.
Recommendation: To renew the contract for six months in the amount of $38,000.00 and to require monthly financial statements. The Community Service Contracts Review Committee will meet monthly to develop plans regarding future support from the City. Payments from the City relative to this contract will be changed from quarterly to monthly.
k. Mayor’s Appointment:
Traffic Commission
Appoint Clayton Lewis as Ward III Commissioner to a term to expire 1/1/08
Before voting on the Consent Agenda, Vice Mayor Linda Peterson asked to pull items (a), (b), and (i6) for separate consideration.
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, that Agenda Item No. 1 (a-k), less (a), (b), and (i6), be approved. Motion carried.
AYE: Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley, Peterson
NAY: None
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that under Item 1(a), the minutes of May 2, 2005, Agenda Item No. 23, Administrative Reports, the date for the swearing-in ceremony for new Police Chief Mike Chitwood should be corrected to May 9, 2005. Motion carried.
AYE: Peterson, O’Neal, Mills, Hadley, Downing, Claybrook, Schrzan
NAY: None
Under 1(b), City Treasurer Becky Cragin answered questions about the sales tax report in comparison to the summary report of the budget.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Hadley, to approve the Sales Tax Report through May, 2005. Motion carried.
AYE: Peterson, Hadley, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None
Under 1(i6), City Engineer John Krywicki addressed questions about the request for a speed limit sign at 814 N. McKinley and why it was denied. He reported that the person requesting the item was not at the meeting and no further discussion was made.
Upon discussion, the city engineer advised that he would do a follow up on the request to determine if there may be another remedy instead of a speed limit sign.
Vice Mayor Peterson suggested that in the future an explanation be given of why a denial was recommended.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to approve 1(i6), the Traffic Commission’s recommendation to deny the request for a speed limit sign at 814 N. McKinley. Motion carried.
AYE: Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamations and Presentations.
“Sonic Week in the City of Shawnee”
May 16 - 22, 2005
“Police Week in the City of Shawnee”
May 15 – 21, 2005
(accepted by Police Chief Chitwood)
“Buckle Up In Your Truck Week”
May 23 – 30, 2005
(accepted by Police Chief Chitwood)
Mayor Mills presented Certificates of Appreciation to Bob Dye, Dan Beck, Mark Larch-Miller, Tim Stephens, A.J. Anderson and Archie Hill, Jr. for their service on the Traffic and Transportation Commission.
AGENDA ITEM NO. 3: City Manager’s Presentation to Employee of the Month. (Kristi Bruno – Fire Department Secretary)
City Manager Jim Collard presented a plaque and gift certificate to Kristi Bruno, Fire Department Secretary, as the May employee of the month in recognition of her excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 4: Presentation from the Oak Lawn Business & Neighborhood Watch Group to Don Lynch.
Mr. Ken Harrison of Oak Lawn Business & Neighborhood Watch Group presented Emergency Management Director Don Lynch with a check in the amount of $200.00 to defray the costs of equipment and supplies used in the recent Community Emergency Response Team (CERT) training class.
Members of the Association had learned through the class that Federal Funding of the program was not available to cover the costs of providing the material and that certain items had been paid out-of-pocket by Mr. Lynch. The group held a garage sale to raise the funds presented.
The Association thanked Mr. Lynch and Melvin Potter, Emergency Management Volunteer, for their efforts in hosting the program for the benefits of training the group had received.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance rezoning property located on Bradley Street, one-half block east of Center Street from R-1; Single Family Residential District to R-2; Two Family Residential District, to be used as a duplex addition. (Applicant: Shared Funding, LLC)
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located on Bradley Street, one-half block east of Center Street to be used as a duplex addition.
Community Development Director Mike Southard explained that this property will potentially accommodate 16 to 20 duplex dwellings and will have to be platted in order to develop it. He also stated it was in conformance with the Comprehensive Plan.
It was noted the Planning Commission had recommended approval of the rezoning request.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning request. A petition was submitted opposing the rezoning but no persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2200NS was introduced and the title read aloud.
Ordinance No. 2200NS 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 beginning at a point 660.00 feet S00º50’12”W and 704.00 feet N89º17’21”W of the Northeast Corner of the Southwest Quarter (SW/4) of Section 8, Township 10 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma; thence S00º50’12”W a distance of 503.00 feet; thence N89º17’21”W a distance of 262.60 feet; thence N00º50’12”E a distance of 503.00 feet; thence S89º17’21”E a distance of 262.20 feet to the point of beginning; rezoning said property from R-1; Single Family Residential District to R-2; Two Family Residential 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 Section 1 be approved. Motion carried.
AYE: Downing, Peterson, O’Neal, Mills, Claybrook
NAY: Claybrook, Schrzan
Thereupon Mayor Mills declared Ordinance No. 2200NS duly passed and adopted.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance rezoning property located at 1001 N. Louisa Street from R-1; Single Family Residential District to R-2; Two Family Residential District, to be used as a duplex. (Applicant: Tom Trinh).
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 1001 North Louisa Street to be used as a duplex.
It was noted the Planning Commission had recommended approval of the rezoning and no protests were filed.
Community Development Director Mike Southard reported that this property consists of three 25-foot lots and meets the minimum area and frontage requirements for R-2.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2201NS was introduced and the title read aloud.
Ordinance No. 2201NS 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: Lots Thirteen (13), Fourteen (14) and Fifteen (15), Block Three (3), Dill’s Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; rezoning said property from R-1, Single Family Residential to R-2, Two-Family Residential and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, that the Title and Section 1 be approved. Motion carried.
AYE: Peterson, Schrzan, O’Neal, Mills, Hadley, Downing, Claybrook
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2201NS duly passed and adopted.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance rezoning property located on I-40 Frontage Road, east of North Union Street, from A-1; Agricultural District to C-3; Automotive and Commercial Recreation District for use as a restaurant. (Applicant: Rob Tope o/b/o Fire Mountain Restaurants Inc.)
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located on I-40 Frontage Road, east of North Union Street for use as a restaurant.
Community Development Director Mike Southard reported that this property exceeded the minimum area and frontage requirements for C-3 and is unplatted. He stated that in order to obtain a building permit, the property must be platted with water and sewer lines being extended to the east.
It was noted the Planning Commission had recommended approval of the rezoning and no protests were filed.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2202NS was introduced and the title read aloud.
Ordinance No. 2202NS 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: A part of the West Half of the Northeast Quarter (W/2 NE/4) of Section 31, Township 11 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma and being more particularly described as follows: Beginning at the Northwest Corner of Lot 1, Block 1, Mall East Section 1, to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; thence S89º42’29”E along the North line of said Addition a distance of 431.54 feet to the Northeast Corner of said Addition: thence S00º55’25”W along the East line of said Addition a distance of 319.06 feet to the true point of beginning; thence S89º42’29”E a distance of 250 feet; thence S00º55’25”W and parallel with the East line of said Addition a distance of 435 feet to a point on the North right-of-way line of Interstate Highway 40 Frontage Road: thence S87º35’02”W along said right-of-way line a distance of 63.08 feet; thence S85º51’29”W along said right-of-way line distance of 98.86 feet; thence N89º58’13”W along said right-of -way- line a distance of 77.37 feet; thence S89º11’32”W along said right-of-way line a distance of 11.19 feet to a point where said right-of-way line intersects the projected East line of said Addition; thence N00º55’25”E along said projected line and along the East line of said Addition a distance of 446.19 feet to the point of beginning; rezoning said property from zoning classification A-1, Agricultural District to C-3, Automotive and Commercial Recreation 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 Section 1 be approved. Motion carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2202NS duly passed and adopted.
AGENDA ITEM NO. 8: Public hearing and consider an ordinance closing the right-of-way of Gilmore Street located from Kickapoo Street west to the west edge of Oklahoma Baptist University property. (Applicant: BTI Investments and OBU)
Mayor Mills declared a public hearing in session to consider an ordinance closing the right-of-way of Gilmore Street located from Kickapoo Street west to the west edge of Oklahoma Baptist University property.
Community Development Director Mike Southard advised that the Planning Commission recommends that the Gilmore Street right-of-way be closed but retain adequate easements to maintain and upkeep utilities.
It was noted the Planning Commission had recommended approval of the rezoning and no protests were filed.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning. Present were Mr. Roger Henson on behalf of Oklahoma Baptist University and Mr. J. Dillon Curran on behalf of BTI Investments. No others appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2203NS was introduced and the title read aloud.
Ordinance No. 2203NS entitled “An ordinance closing to public use Gilmore Street in the City of Shawnee, Oklahoma; specifically describing said location; reserving utilities and declaring an emergency.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner Hadley, that the Title and Sections 1-3 be approved. Motion carried.
AYE: Peterson, Hadley, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, that Section 4, the emergency clause, be approved. Motion carried.
AYE: Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2203NS duly passed and adopted.
AGENDA ITEM NO. 9: Public hearing and adoption of the Comprehensive Plan.
Mayor Mills declared a public hearing in session to discuss the 2005 Comprehensive Plan.
Community Development Director Mike Southard gave a brief overview of the Plan as modified from the original Plan in 1993. He noted that the Planning Commission had recommended approval.
There were no other persons to appear and the third and final public hearing was closed.
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that the 2005 Comprehensive Plan be adopted. Motion carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
AGENDA ITEM NO. 10: Consider authorizing staff to negotiate a contract with Site Design Group for Skate Park.
Community Development Director Mike Southard reported that the Skate Park Committee had interviewed three firms for the skate park design and had unanimously agreed that Site Design Group from Tempe, Arizona was the best choice.
The estimated budget for services would cost between $15,000 and $20,000 and staff requested authorization to negotiate with the design professional for site evaluation/selection and design services of a skate park.
A motion was made by Commissioner Hadley, seconded by Vice Mayor Peterson, to authorize staff to negotiate a contract with Site Design Group, Inc. for a skate park design services as requested by staff. Motion carried.
AYE: Hadley, Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 11: Consider purchase of economic development model for city.
City Manager Jim Collard explained that for the past several months staff has been implementing various methods for quantifying the decision-making process within the city’s organization.
He emphasized that in order to make long-term and informed decisions for the greater Shawnee area, he recommended to conduct a study of the area economy.
Mr. Collard proposed to develop a “Computable General Equilibrium Model” (CGE), an analysis of the area economy. The city staff would work in conjunction with Dr. Mark Snead of the Oklahoma State University Center for Applied Economic Research in Stillwater.
The city manager stated that the model would take approximately 6 to 8 months to complete. The model would serve to answer many complex economic development questions and it would provide a quantitative, informed base upon which to evaluate specific proposals as well as the overall economic development strategy.
Mr. Collard had approached other entities such as the Shawnee Economic Development Foundation, the county, and area Native American tribes, to share in this venture and the costs.
Mr. Mike Adcock spoke on behalf of the Shawnee Economic Development Foundation regarding the model and offered in sharing the cost.
City Manager Collard stated that the cost would be approximately $50,000 and he requested the Commission’s approval to spend $25,000 to begin the development of the CGE Model.
A motion was made by Commissioner Downing, seconded by Commissioner Hadley, to approve $25,000 out of this year’s budget for the initial purchase of an economic development model for the City of Shawnee. Motion carried.
AYE: Downing, Hadley, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 12: Consider a resolution supporting the construction of a 32-unit housing development, supporting favorable consideration for tax credits and finding proposed project is consistent with city’s affordable housing strategy and comprehensive plan.
The Shawnee Housing Authority is the applicant for the proposed housing development.
Resolution No. 6232 was introduced and the title read aloud.
Resolution No. 6232 entitled “A resolution supporting the construction of a 32 unit housing development, known as Kickapoo Run, located within the corporate limits of the City of Shawnee, OK; supporting favorable consideration be given for tax credit award for project for the tax cycle commencing in June 2005, and finding that the proposed project is consistent with the city’s affordable housing strategy and comprehensive plan.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, that the Title and Resolution be approved. Motion carried.
AYE: Claybrook, Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None
Thereupon Mayor Mills declared Resolution No. 6232 duly passed and adopted.
AGENDA ITEM NO. 13: Consider a resolution amending Resolution No. 5848 relating to proposed changes to the Tourism Advisory Committee.
Resolution No. 6233 was introduced and the title read aloud.
Resolution No. 6233 entitled “A resolution amending Resolution No. 5848 of the City of Shawnee, Oklahoma; changing the membership of the Tourism Advisory Committee from Executive Vice-President of Shawnee’s Chamber of Commerce to the President/CEO of Shawnee’s Chamber of Commerce; requiring five (5) members of the Committee for a quorum; and having each member’s term expire on December 31st in their year of expiration.
A motion was made by Commissioner Downing, seconded by Commissioner Hadley, to approve the Title and Resolution. Motion carried.
Thereupon Mayor Mills declared Resolution No. 6233 duly passed and adopted.
AGENDA ITEM NO. 14: Discuss amending the building permit fee structure.
Community Development Director Mike Southard gave a power-point presentation explaining the need to increase the building permit fees and earmark the revenues from the increase to hire another city inspector.
He explained that the demands for permits and inspections have exceeded staff’s ability to provide timely reviews in order to not slow the development process.
It was decided to present an ordinance at the next City Commission meeting.
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, City Engineer John Krywicki reported on the following projects: 1) Seneca Street curb and gutter; 2) Wallace Street culverts remove and replace; 3) 30” raw water line completed two weeks ago; 4) sewer line pipe bursting and rehab north of Independence to Federal ; 5) and identifying specific areas for sidewalk project with $14,000 funding
Utilities Director Afsaneh Jabbar gave a progress report on the maintenance and operations of the water and wastewater treatment plants that included the interior clarifier cleanup; pre-sedimentation basin; clear well tap; and the THM readings are improving.
Police Chief Mike Chitwood reported on his first week on the job was busy and he is becoming familiar with the community.
AGENDA ITEM NO. 17: Citizens Participation. (A five minute limit per person) A fifteen-minute limit per topic)
Under Citizens Participation, Mary Atwood thanked the Commission for allowing her to attend the American Planning Commission conference in Washington, D.C.
She felt it was valuable information and ideas that would work in Shawnee. She complimented Community Development Director Mike Southard and stated that he was well-respected by his peers nationwide.
Mr. Inman Doaks, representing the Dunbar Heights community, thanked the City Commission for its efforts to get the signal lights installed at Bell and Farrall streets.
Mayor Mills thanked Commissioner O’Neal for her diligent efforts in convincing the Oklahoma Department of Transportation of the need for a traffic light at Bell and Farrall. ODOT agreed to allow the light on the state highway, but the city would provide for the installation and maintenance.
AGENDA ITEM NO. 18: Commissioners Comments.
Under Commissioners Comments, Mayor Mills presented Commissioner David Hadley with a plaque of appreciation for his service to the City of Shawnee as Commissioner of Ward 4 for one year. (He moved and cannot represent Ward 4 according to City Charter)
Commissioner Hadley expressed his appreciation for the opportunity to serve the citizens and he was impressed with the spirit of cooperation from the Commission and staff in the best interest of Shawnee.
In light of the new Comprehensive Plan, Vice Mayor Peterson stated that she would like to start having ward meetings to get input from the community to get specific needs addressed.
AGENDA ITEM NO. 19: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Downing, seconded by Commissioner Hadley, that the meeting be adjourned. Motion carried. (8:10 p.m.)
AYE: Downing, Hadley, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None
______________________________
CHUCK MILLS, MAYOR
(SEAL)
ATTEST:
_______________________________
DIANA HALLOCK, CITY CLERK
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