BOARD OF CITY COMMISSIONERS PROCEEDINGS
OCTOBER 15, 2007 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, October 15, 2007 at 6:30 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.
Timmy Young Linda Peterson
Commissioner Ward 4 Commissioner Ward 5-Vice
Commissioner Ward 6
ABSENT: Tom Schrzan
Commissioner Ward 2
INVOCATION Reverend Leroy Kerbo
FLAG SALUTE Mayor Mills
AGENDA ITEM NO. 1: Consider approval of Agenda:
In consideration of the Agenda, City Manager Jim Collard asked that Agenda Item No. 9 be pulled from the agenda due to a procedure problem. Mr. Collard stated that this item would be placed on the Special Call Meeting agenda scheduled for October 22, 2007.
A motion was made by Vice Mayor Peterson, seconded by
Commissioner O’Neal, to pull Agenda Item No. 9 from the October 15, 2007 agenda. Motion carried 6-0.
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 October 1, 2007 meeting.
c. Budget Amendments in Home Rehab Income Program, 2004 CDBG Entitlement Grant Fund, 2005 CDBG Entitlement Grant Fund, 2006 CDBG Entitlement Grant Fund, and General Fund.
d. Transfer of appropriations in 2006 CDBG Entitlement Grant Fund.
e. Acknowledge the following reports and minutes:
• Beautification Committee minutes from August 6, 2007
• Planning Commission minutes from September 5, 2007
• Civic and Cultural Development Authority minutes from the September 20, 2007 meeting
f. Lakesite Lease Transfers:
Lot 1, Belcher Tract
To: W. Christensen & B. Christensen
From: G. Haworth & L. Haworth
Lot 10, Hart Tract
To: S. Walker & S. Walker
From: M. Korhuniak & J. Korhuniak
Lot 14, Hart Tract
To: R. Swadley
From: G. Haggy & D. Toeplitz
Lot 15, Hart Tract
To: R. Swadley
From: L. Brown and A. Brown
g. Senior Citizens of Shawnee, Inc. Compliance Report from June 30, 2007.
h. Traffic Commission Recommendations from their August 28, 2007 meeting.
1. Consideration of request from Gene Batt, 1617 E. Main St., Shawnee, OK, 74801 to install stop signs at the intersection of Main Street and Kimberly.
RECOMMENDATION: Board recommends to deny request.
2. Consideration of request from Darlene Bryce, 829 N. Draper, Shawnee, OK, 74801 to install stop signs at the intersection of Draper and Margaret.
RECOMMENDATION: Board recommends to deny request.
3. Continued discussion and consideration of request from Traunya Starnes, 8 Sequoyah, Shawnee, OK, 74801 to evaluate the possible relocation of the crosswalk in the middle of Sequoyah Street for the safety of children walking to and from school.
RECOMMENDATION: Board recommends to move crosswalk to north of driveway and to include handicap ramps.
4. Consideration of request from City Staff to reduce the mandatory speed limit on residential streets from 30 M.P.H. to 25 M.P.H.
RECOMMENDATION: Board recommends to approve reduction of mandatory speed limit on residential streets from 30 M.P.H. to 25 M.P.H.
i. Approve Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Hybrid and Defined contribution plan for Calvin Wilson.
j. Approve Oklahoma Municipal Retirement Fund refund of contributions from Defined Benefit Plan for Karleen Jefferson.
k. Approve Oklahoma Municipal Retirement Fund distribution of death benefit of Jason Ross Miles.
l. Approve renewal of video production agreement with Shaugnessy Group, L.L.C., d/b/a Shawnee CTV.
m. Approve City Manager’s appointment of Jimmy Gibson as Shawnee Fire Chief.
Before voting on the Consent Agenda, it was requested that Consent Agenda Item No. 2(f), 2(h)(3 and 4), and (l), be pulled for separate consideration.
A motion was made by Commissioner Young, seconded by Commissioner Holt, to approve Consent Agenda Item No. 2(a-m), less 2(f), 2(h)(3 and 4), and (l), as presented. Motion carried 6-0.
Under Agenda Item No. 2(f) concerning the Lakesite Lease Transfer of Lot 10, Hart Tract, Vice-Mayor Peterson had questions regarding the location of the septic lines on this lease. It was then noted that this lease does not have a septic system.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to approve this lease as presented. Motion carried 6-0.
Under Agenda Item No. 2(h)(3) the continued discussion and consideration of request from Traunya Starnes, 8 Sequoyah, Shawnee, to evaluate the possible relocation of the crosswalk in the middle of Sequoyah Street for the safety of children walking to and from school. City Engineer John Krywicki said the crosswalk has been moved 10’ North of Mrs. Starnes driveway and will not be in anyone’s yard and the principal of Sequoyah school approves of this location.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, to approve the relocation of crosswalk which will be 10” North of Ms. Starnes driveway. Motion carried 6-0.
AYE: Peterson, Holt, Stephens, O’Neal, Mills, Young
Agenda Item No. 2(h)(4) was concerning the request from City Staff to reduce the mandatory speed limit on residential streets from 30 M.P.H. to 25 M.P.H. There was a lengthy discussion of this item. Commissioner Holt cited safety factors as a top priority for this change. Commissioner Stephens stressed enforcement of the current speed limit. There was discussion regarding what qualifies as a residential street, as opposed to a collector street in a residential area. After due and careful consideration the council decided to table the request regarding speed limit changes until staff can do more research into the issue.
A motion was made by Commissioner Young, seconded by Commissioner O’Neal, to table the request to reduce speed limits in residential areas from 30 mph to 25 mph.
Motion carried 6-0.
Under Agenda Item No. 2(l), regarding the video contract with Shaughnessy Group, LLC, Assistant to the City Manager Toni Gray addressed the commission to explain changes in the current contract. Vice-Mayor Peterson asked about the per episode cost increase of $402. Ms. Gray said she was comfortable with the increase and felt it was justified.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, to approve renewal of video production agreement with Shaugnessy Group, L.L.C., d/b/a Shawnee CTV. Motion carried 6-0.
AYE: Peterson, Holt, Stephens, O’Neal, Mills, Young
AGENDA ITEM NO. 3: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)
Under Citizens Participation, Will Rosebure spoke regarding the issue of lowering speed limits in residential areas. Mr. Rosebure was not in favor of the speed reduction, stating “change for the sake of change is not always good”.
Ms. Sue Buccilli spoke regarding dangerous dogs in her neighborhood. She described this as an on-going issue and stated that the City needs stiffer laws to handle the vicious dog problems. She is supporting legislation to protect people from dangerous dogs. She added that this legislation is not specific to any particular breed of dog.
AGENDA ITEM NO. 4: Mayor’s Proclamations:
• “Family Promise of Shawnee Week”
October 16-22, 2007
(accepted by Peggy North and Father Clark Shackleford)
• “Red Ribbon Week”
October 23-31, 2007
(accepted by Dan Shumaker, Community Relations)
• “Carl Young Day”
October 13, 2007
(accepted by Carl Young)
AGENDA ITEM NO. 5: City Manager’s presentation of Employee of the Month to Perry McAlister (Street Department)
City Manager Jim Collard presented a plaque and certificate to Perry McAlister, Street Department, as the October employee of the month, in recognition of his excellent dedication to the City of Shawnee. Mr. McAlister was present to accept.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance to rezone property located at 1402 E. Independence from A-1; Agricultural to C-1; Neighborhood Commercial for use as a day care facility. (Applicant: Mehdi Azimi)
Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 1402 E. Independence for use as a day care facility.
The staff report was given by Nancy McNayr and aerial pictures were shown. It was noted that the applicant was requesting a C-1 zoning. Staff indicated a more appropriate zoning district would be either R-3 with a Conditional Use Permit to allow a day care; or a Planned Unit Development that outlines uses compatible with the neighborhood and allows uses too intense for the residential characteristics of the area to be either eliminated or limited in scale. Staff recommends R-3 with a Conditional Use Permit for a day care facility.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning request.
Mr. Mehdi Azimi came forward to explain his request for C-1 zoning. He stated that he may want to use part of the building for offices and does not want to come back and ask for another zoning change.
There were no formal written protests that had been filed. No others appeared and the public hearing was closed.
After a lengthy discussion a motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to approve rezoning this property to R-3P; Multi-Family Residential with Conditional Use Permit; in the event the developer changes or adds to the building uses, he will apply for P.U.D. zoning classification and the City will waive the fees associated with P.U.D. request.
After due and careful consideration, Ordinance No. 2330NS was introduced and the title read aloud.
ORDINANCE NO. 2330NS 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 LOT EIGHT (8), BRADLEY’S SECOND ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA ACCORDING TO THE RECORDED PLAT THEREOF, DESCRIBED AS BEGINNING AT A POINT 135 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT EIGHT (8); THENCE EAST 200 FEET; THENCE NORTH 295.6 FEET; THENCE WEST 200 FEET; THENCE SOUTH 295.6 FEET TO THE POINT OF BEGINNING; REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO R-3P; MULTI-FAMILY RESIDENTIAL WITH CONDITIONAL USE PERMIT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, that the Title and Ordinance No. 2330NS be approved. Motion carried 6-0.
Thereupon Mayor Mills declared Ordinance No. 2330NS duly passed and adopted.
AGENDA ITEM NO. 7: Consider approval of the Preliminary Plat for The Bridges III Cottages Addition located at the intersection of Bryan Ave and Augusta Dr. (Applicant: David Tomlinson)
Ms. Nancy McNayr gave the staff report regarding this request. She noted that Mr. Tomlinson was waiting on releases from the utility companies. Therefore, the vacation of the plat and the consideration of final plat are not ready for consideration. At this time, the only item for the City Commission to consider at this meeting is the approval of the preliminary plat.
Mr. David Tomlinson, applicant, was present to answer questions from the Commission. He stated that the property is common property under one ownership for now, but would be transferred to a Homeowners Association in the future. He stated that three LLCs have been established: The first LLC is to cover the development phase of this project; the second would be transferred to a construction LLC, during that phase; and the final LLC would be transferred to a Homeowners LLC when he (Mr. Tomlinson) has been paid in full by all 19 property owners.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to approve the preliminary plat for The Bridges III Cottages Addition located at the intersection of Bryan Avenue and Augusta Drive. Motion carried 6-0.
AGENDA ITEM NO. 8: Consider approval of the Final Plat for Windmill Ridge West Section III located North of Independence and East of Bryan and affirmation of requested variances, with supplement.
(Applicant: Windmill Development, LLC)
It was noted by Nancy McNayr that the developer had requested a variance at the preliminary plat stage to not require Lots 4 and 6, Block 7 meet the requirement of 60’ minimum width in the front building line. The Planning Commission approved the variance request in July, 2007.
Vice Mayor Peterson asked about the extension of Bradley Street to the west. It was noted that previous meetings of the Planning Commission and City Commission have indicated that the extension of Bradley Street, west to Bryan, would be the responsibility of the developer. It was also noted by Ms. McNayr that the Planning Commission stated that the road extension would need to be done before any additional residential development is started.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to approve the Final Plat for Windmill Ridge West Section III located North of Independence and East of Bryan with the addition of technical notes as follows: that Lots 1 and 9, Block 7 have “Limits-of-no-Access” on Bradley Street frontage and Lots 1 and 9 of Block 7 should show a 25’ setback from Bradley Street and Lot 12 should show a 25’ setback from Hunters Ridge and the affirmation of the variances is approved as follows: Lots 4 and 6, Block 7 are not required to meet the 60’ front building line requirement. Motion carried 6-0.
AGENDA ITEM NO. 9: Pulled from the agenda upon the request of the City Manager
AGENDA ITEM NO. 10: Consider proposal from Olsen-Coffey, Architects regarding expansion project at Fairview Cemetery.
City Manager Collard explained that the items relative to the City in the proposed contract were items 1, 2, 3 and 5. The architectural fee for items 1, 2 and 3 is $7,500.00. Item No. 5 of the proposal refers to reimbursable expenses plus 10%.
A motion was made by Commissioner Stephens, seconded by Commissioner O’Neal, to approve the proposal from Olsen-Coffey, Architects regarding expansion project at Fairview Cemetery. Motion carried 6-0.
AGENDA ITEM NO. 11: Receive update regarding status of water negotiations with the City of Tecumseh.
Members of the negotiation team from the City of Shawnee are Vice Mayor Linda Peterson, Commissioner Pam Stephens and City Manager Jim Collard. The group reported that there have been no recent meetings with the City of Tecumseh. A meeting scheduled for early September was cancelled by the City of Tecumseh and has not been rescheduled. City Manager Collard was directed to contact the City of Tecumseh to arrange another meeting.
AGENDA ITEM NO. 12: Discuss setting date for Public Hearing/Work Session on water issues.
A Public Hearing/Work Session has been scheduled for November 6, 2007 at 6:30 p.m. to discuss long term water needs and alternatives.
AGENDA ITEM NO. 13: Consider bids:
a. Westech Road Widening (Award)
During the September 17, 2007 City Commission meeting bids were opened for the WesTech Road Paving Project but only one bid was received. The bid received was from CGC, LLC in the amount of $662,945.00. City Engineer John Krywicki stated that the Engineer’s estimate was $523,000.00 and greater than the amount of funding ($550,000) that the Sac & Fox have available for the project. Mr. Krywicki has suggested that the one bid be rejected and the project be rebid.
A motion was made by Commissioner Holt, seconded by Vice Mayor Peterson, to authorize the rebidding of the WesTech Road Widening project. Motion carried 6-0.
AYE: Holt, Peterson, Stephens, O’Neal, Mills, Young
b. Cutting and mowing of rank weeds, and the clean-up of trash and/or debris (Open)
The following bid was opened and read into record:
1) Show Up Fee $ 15.00
2) a. Cut up to ¼ acre $ 30.00
b. Cut ¼-1/2 acre $ 32.50
c. Cut ½-3/4 acre $ 35.00
d. Cut ¾ to 1 acre $ 37.50
e. Cut 1 acre or more/per acre $ 40.00
3) a. Removal ½ ton trash $ 45.00
b. Removal Refrigerator or A/C $ 15.00
4) a. Vehicle Tires $ 4.00
b. Large Semi/Tractor Tires $ 6.00
A motion was made by Commissioner Holt, seconded by Vice Mayor Peterson, that the bid be deferred for staff to review and make a recommendation on the Mowing and Cleaning Weeds and Trash and/or Debris at the next meeting. Motion carried 6-0.
AYE: Holt, Peterson, Stephens, O’Neal, Mills, Young
AGENDA ITEM NO. 14: New Business (Any matter not known about or which could have been reasonably foreseen prior to the posting of the agenda)
There was no New Business.
AGENDA ITEM NO. 15: Administrative Reports
Under Administrative Reports, City Manager Jim Collard reminds everyone about the October 22, 2007 Special Call meeting to discuss drainage issues.
Regarding the proposed new Development Code, Commissioner Pam Stephens requested that copies be forwarded to builders, developers and bank presidents as well as city staff.
AGENDA ITEM NO. 16: Commissioners Comments
Under Commissioners Comments, Mayor Mills congratulated the Janco Dancers who performed at the Centennial Parade in Oklahoma City.
Commissioner Stephens asked City Attorney John Canavan to join her, Vice-Mayor Peterson and Mayor Mills at a meeting on Monday, October 22 at 9:00 to discuss the purchase of two buildings at Shawnee Regional Airport. Mr. Canavan stated he could attend.
Commissioner Young advised that the Japanese delegation will be in Shawnee from October 25 through October 29th. He also advised that host families were still needed for three adult delegates.
Mayor Mills then reported that delegates from China will be here on November 15th sponsored by the State Chamber of Commerce. This visit will start the dialogue regarding cultural exchanges with the Chinese.
AGENDA ITEM NO. 17: Adjournment
There being no further business to be considered, a motion was made by Commissioner Young, seconded by Commissioner O’Neal, that the meeting be adjourned. Motion carried 6-0. (8:45 p.m.)
CHUCK MILLS, MAYOR
PHYLLIS LOFTIS, CITY CLERK
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