BOARD OF CITY COMMISSIONERS PROCEEDINGS
JANUARY 16, 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, Tuesday, January 16, 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.
Pam Stephens Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2
Vacant Linda Peterson
Commissioner Ward 4 Commissioner Ward 5-Vice Mayor
Commissioner Ward 6
ABSENT: Marva O’Neal
Commissioner Ward 3
INVOCATION Reverend Larry Sparks
New Beginnings Church
FLAG SALUTE Mayor Chuck Mills
AGENDA ITEM NO. 1: Consider Approval of Agenda:
In consideration of the Agenda, Commissioner Schrzan requested that Agenda Item No. 21 be discussed after Agenda Item No. 2. The Commission gave its consensus.
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. 22.
b. Minutes of the January 2, 2007 meeting.
c. Acknowledge the following reports and minutes:
* Sales Tax Report for the month of January, 2007
* License Payment Report for the month of December, 2006.
* Project Payment Report for the month of December, 2006.
* Shawnee Beautification Committee minutes from the November 6, 2006 meeting.
* Sister Cities Committee minutes from the November 14, 2006 meeting.
d. Public hearing and consider an ordinance rezoning property located at 1901 N. Broadway from R-1; Residential District to R-1P; Residential District with Conditional Use Permit to allow a Bed and Breakfast establishment. (Applicant: Linda Griffin) (Deferred from 12/18/06 meeting) (No quorum at Planning Commission meeting of January 3, 2007, continued to 1/17/07 Planning Commission meeting, 2/5/07 City Commission meeting)
e. Public hearing and consider an ordinance rezoning property located west of Kickapoo Street and north of 39th Street from C-3; Automotive and Commercial Recreation District to P.U.D., Planned Unit Development based on C-3 and R-2 zoning district regulations for use as office complex with possible multi-family residential. (Applicant: William Collins o/b/o BAS Holdings, LLC.) (No quorum at Planning Commission meeting of January 3, 2007, continued to 1/17/07 Planning Commission meeting, 2/5/07 City Commission meeting)
f. Public hearing and consider an ordinance rezoning property located on the southwest corner of Leo and Franklin streets from R-1; Single Family Residential District to R-2; Two-Family Residential District to allow for duplex housing. (Applicant: Jack Dockrey) (No quorum at Planning Commission meeting of January 3, 2007, continued to 1/17/07 Planning Commission meeting, 2/5/07 City Commission meeting).
g. Authorize engineering staff members to attend Environmental Systems Research Institute five-day intensive training course in the instruction and use of ArcGIS for ArcView and ArcInfo1 and ArcInfo2 to be held in San Antonio, Texas, February 26 – March 2, 2007.
h. Lakesite Lease Transfer:
Lot 3, North School Tract
To: E. Stuckey II
From: B. Little
i. Mayor’s Appointment
Tourism Advisory Committee
Appoint Doug Walker to a term to expire December 31, 2008
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, that Consent Agenda Item No. 2(a-i), be approved as presented. Motion carried 5-0.
MAYOR MILL ANNOUNCED THAT THE COMMISSION WOULD DEVIATE FROM THE FORMAL AGENDA TO CONSIDER AGENDA ITEM NO. 21
AGENDA ITEM NO. 21: Open applications for the vacant Ward 4 Commission seat.
City Clerk Diana Hallock opened and read into record the applications for the vacant Ward 4 City Commissioner seat in the order they were received in the City Clerk’s office. The applicants were as follows:
1) Timothy Young, 1317 East Wallace; Kenneth Fullbright, 308 Matt Street; 3) S. Keith Hall, 301 Matt Street; 4) Shawna K. Turner, 15 Kaross Drive; and 5) Mark Finley, 2305 Troon Circle.
The candidates will be interviewed in public at the next City Commissioner’s meeting on February 5, 2007 in accordance with City Commission Policy No. 10. The selected candidate will serve the remainder of recently deceased Commissioner Wes Beck’s term to end in 2008 or unless filled at a special election.
THE COMMISSION NOW RETURNS TO THE FORMAL AGENDA
AGENDA ITEM NO. 3: Citizens’ Participation (A three-minute limit per person)
(A twelve-minute limit per topic)
Under Citizens Participation, Mrs. Doris Smalley, citizen, urged the Commission to leave the rules that govern the boards and committees in place. She felt that the current rules had not been fully tested.
Mr. Gary Jenkins, citizen, asked questions about the status of the Shawnee Twin Lakes water situation and voiced his concerns about the water shed.
City Manager Jim Collard informed Mr. Jenkins that city staff was monitoring the water situation and the Atoka waterline would be available should it be needed. He further explained that the lake would not be used for recreational purposes until the lake level reaches a sufficient level.
AGENDA ITEM NO. 4: City Manager’s presentation of Employee of the Month. (Mike Rone, Communications Dispatcher).
Mayor Mills presented a plaque and certificate to Mike Rone, Police Dispatcher, as the January employee of the month, in recognition of his excellent dedication to the City of Shawnee. Mr. Rone was present to accept.
AGENDA ITEM NO. 5: Update regarding “Adopt-a-Unit” program and Oklahoma Army National Guard Delta Company, 1st/180th Infantry.
An update was given by Ms. Toni Gray, Assistant to City Manager, and Ms. Kate Joyce, Director of Shawnee Senior Center, regarding the “Adopt-a-Unit” program and Oklahoma Army National Guard Delta Company.
Ms. Joyce informed the Commission that the Senior Center has made it a project of collecting items to be sent to the Shawnee Army National Guard Company stationed in Afghanistan.
Her hope is that the Center can continue to be the drop-off site for any participants in the community that would like to contribute. The hours will be Monday through Friday from 8:00 a.m. to 5:00 p.m. She stated that local businesses are being contacted to help sponsor the shipment of boxes.
She also mentioned that Mr. Cecil Johnston on behalf of the American Legion, volunteered that organization to do receptions for the soldiers that come home.
Ms. Joyce welcomed organizations, civic groups, and individuals to participate in support of the troops.
AGENDA ITEM NO. 6: Consider progress made by Annette Davis regarding property located at 1005 N. Union.
Appearing before the Commission was Mr. Lane Davis, son of Annette Davis, owner of property at 1005 N. Union, that had an administrative order to demolish the house.
Mr. Davis requested the Commission to give him an additional 30 days to get financing to make improvements to the house. He advised that the lending institution’s board meet once a month and it be meeting next week.
Upon hearing Mr. Davis’ request, Commissioners asked that Mr. Davis provide an itemized list and estimates of the improvements. The council gave Mr. Davis until February 20th to report and if he should not be prepared at that time, he should contact the City Clerk.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to defer action on property at 1005 N. Union until the February 20, 2007 meeting when Mr. Davis will submit a financial and construction proposal. Motion carried 5-0.
AGENDA ITEM NO. 7: Consider Nick Chlouber’s appeal of the Administrative Hearing Officer’s decision to dismantle and remove property located at 1113 S. Gordon Cooper Drive.
Community Development Director Mike Southard gave the staff report on the property located at 1113 South Gordon Cooper Drive informing that an administrative order had been issued to clear the property of all junk, trash and debris, and dismantle and remove house by certain dates. He informed that the owner has not complied with the orders and the timeline showed that the city has been working with the owner for many years .
Mr. Southard voiced concern that Mr. Chlouber’s appliance business is in the flood plain and if a flood should occur, it could cause the outdoor appliances to flow toward the bridge and possibly cause it to collapse.
He informed the Commission that Mr. Chlouber was aware since 2004 that he needed to conform to the zoning requirements.
Mr. Nick Chlouber, owner of the property, was present to appeal the decision of the order. He told the Commission that he had hauled off several loads and he needed more time to contact a crusher company to haul off the appliances and he needed the house for storage.
After extensive questions from the Commission and their willingness to allow Mr. Chlouber time to do further research on how much it would cost to bring the property in compliance with the zoning codes; the following motion made.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to proceed with the administrative order for removal of all junk, trash, and debris from the lot by March 13, 2007; that Mr. Chlouber have two weeks to meet with a contractor and the city inspector to be clear on the requirements, and get cost estimates to bring the two houses on the property up to the zoning code; and he return with a financial plan to the Commission at its February 20th meeting to determine if Mr. Chlouber will make improvements to the property or if he agrees to proceed with the administrative order. Motion carried 5-0.
AGENDA ITEM NO. 8: Consider an ordinance establishing prohibitions for possessing aerosol spray paint containers and broad-tipped indelible markers on public or private property.
Ordinance No. 2293NS was introduced and the title read aloud.
ORDINANCE NO. 2293NS ENTITLED “AN ORDINANCE RELATING TO POSSESSION OF AEROSOL SPRAY PAINT CONTAINERS OR BROAD-TIPPED INDELIBLE MARKERS; CREATING A NEW SECTION 20-243, ARTICLE V OF CHAPTER 20 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; PROHIBITING MINORS POSSESSING AEROSOL SPRAY PAINT CONTAINERS OR BROAD-TIPPED INDELIBLE MARKERS ON PUBLIC PROPERY; PROHIBITING ANY PERSON FROM POSSESSING AN AEROSOL SPRAY PAINT CONTAINER OR BROAD-TIPPED INDELIBLE MARKER ON PRIVATE PROPERTY WITHOUT THE OWNER’S CONSENT; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, that the Title and Sections 1-2 be approved. Motion carried 5-0.
Thereupon Mayor Mills declared Ordinance No. 2293NS duly passed and adopted.
AGENDA ITEM NO. 9: Consider recommendation of Shawnee Urban Renewal Authority to accept proposal of David D. Johnson for redevelopment of the Sears Building.
Community Development Director Mike Southard updated the Commission on the process from two years ago when staff was authorized to advertise the Sears building for development purposes as a plan for the TIFF District in which the advertising was not successful.
He stated that recently a proposal has been offered for the Sears building from David D. Johnson, project developer, for the redevelopment of the Sears building at 201 East Main Street for use as an antique automobile restoration and showroom operation. The building rehabilitation plan will be in three phases for a total estimated cost of $384,000. The Commission reviewed a copy of the plan in the agenda packet.
It was the recommendation of the Shawnee Urban Renewal Authority and staff to accept the proposal from Mr. Johnson through SURA for a broader management ability to dispose of the property.
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to approve the recommendation from the Shawnee Urban Renewal Authority to accept the proposal from David D. Johnson for redevelopment of the Sears Building as proposed. Motion carried 5-0.
AGENDA ITEM NO. 10: Consider transfer of Sears Building to Shawnee Urban Renewal Authority.
The Commission considered transferring the Sears Building to the SURA in order to conduct proper transactions of disposing of the property.
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to approve the transfer of the Sears Building located at 201 East Main to the Shawnee Urban Renewal Authority. Motion carried 5-0.
AGENDA ITEM NO. 11: Staff presentation and consideration of final Comprehensive Annual Financial Report for FY 05-06.
City Treasurer/Finance Director Becky Cragin presented the final Comprehensive Annual Financial Report (CAFR) for FY 2005-2006. She explained that the CAFR was an extended audit report that included the audit.
Since the auditor, Mr. Joe Carlson, C.P.A., was not able to attend due to inclement weather, it was the consensus of the Commission that the audit portion of the report would be given by Mr. Carlson at a later date.
Therefore, City Treasurer Cragin gave an overview on the financial statements and she highlighted several areas of the financial report that included the following:
*Commitment to continuous improvement of the audit report which was upgraded to a CAFR; continued progress toward Certificate of Achievement for Excellence; and improvements of timeliness of the report
*Reviewed the net assets as to the overall financial position of the City that indicated an increase in total net assets ending June 30, 2006
*Auditor gave the City an “unqualified opinion” that indicated there were no findings and the City received a good report in accordance with the Government Auditing Standards
*Workers’ Compensation Fund
*Shawnee Municipal Authority transfers and other entities
Concluding the report, the Commission asked questions pertaining to accounts in the report and reserved specific questions on the audit for Mr. Carlson to present at a later date.
AGENDA ITEM NO. 12: Consider solid waste matters (automation, hours of operation at landfill).
Utility Director Afsaneh Jabbar reported on the current situation of the landfill hours of operation and gave a power-point presentation on the recommended solid waste services for the coming fiscal year beginning in July.
She reported that currently the landfill located on Highway 9 east of Shawnee has been closed and residents are required to take trash to the landfill site to the landfill in Oklahoma City until further notice. She reiterated that Allied Waste Services purpose of closing the local landfill is to fill the one at Oklahoma City first then reopen the local landfill.
Ms. Jabbar reported that after evaluating the alternatives for next year’s solid waste services, it was staff’s recommendation to do the following:
*Go to automated trash pickup using polycarts
*Once per week household waste pickup and once a week pickup for yard waste
*An increase to $13.65 per month to residents from the current $10.00 per month (covers administrative costs)
After discussion, a motion was made by Commissioner Schrzan, seconded by Commissioner Daugherty, that staff be directed to prepare an ordinance with the recommendations for solid waste services for consideration at the next meeting. Motion carried 5-0.
AGENDA ITEM NO. 13: Consider an agreement with Urban Contractors for repair of sewer line located on Kickapoo Spur.
Utilities Director Afsaneh Jabbar gave the staff report on the recommendation for a contractor to repair the sewer line located on Kickapoo Spur in front of Locke Supply.
A motion was made by Commissioner Schrzan, seconded by Commissioner Daugherty, to accept staff’s recommendation to enter into an agreement with Urban Contractors, Inc., Oklahoma City, Oklahoma, to pipe burst 241 linear feet of eight-inch (8”) sewer main located on Kickapoo Spur in the amount of $13,250.00 as the lowest and best bid. Motion carried 5-0.
AGENDA ITEM NO. 14: Consider a resolution repealing restrictions on memberships to boards, commissions and authorities of the City.
Commissioner Schrzan asked to table Agenda Item Nos. 14, 15, and 16 to be considered at a later date. He acknowledged that the Commission should wait until all Commissioners are present and the Ward 4 seat has been filled.
AGENDA ITEM NO. 15: Consider an ordinance creating procedure for appointing new members and filling vacancies on city committees.
Tabled to a later date.
AGENDA ITEM NO. 16: Consider an ordinance prohibiting elected officials from serving on advisory boards or committees.
Tabled to a later date.
AGENDA ITEM NO. 17: Consider approval of a resolution authorizing City of Shawnee execute an Oklahoma Department of Transportation Project Agreement for the installation of a traffic signal at the intersection of Union Avenue and Shawnee Mall Drive.
City Engineer John Krywicki gave the staff report recommending approval for signalization of Shawnee Mall Drive and N. Union Avenue and noting that Resolution No. 6292 was introduced and the title read aloud.
RESOLUTION NO. 6292 ENTITLED “A RESOLUTION FINDING IT IN THE BEST INTEREST OF THE CITY OF SHAWNEE TO EXECUTE A CERTAIN PROJECT AGREEMENT FOR A TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF UNION AND MALL DRIVE.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to approve the Title and Resolution No. 6292. Motion carried 5-0.
AGENDA ITEM NO. 20: Consider acceptance of water and sanitary sewer improvements required by the City and installed by the developers of Rose Manor Nursing Home located at 1610 N. Bryan and placing maintenance bond into effect.
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to accept water and sanitary sewer public improvements and upon acceptance placing the two-year maintenance bond into effect. Motion carried 5-0.
Material Services Falcon Materials A & A Trucking Dolese
Of Oklahoma Wewoka, OK OKC, OK OKC, OK
Material Price per ton Price per ton Price per ton Price per ton
1 ½” Crusher Run #1 4.50 3.65 6.25 13.65 3.65
1 ½” Crusher Run #2 NB 3.65 6.25 NB 3.65
2” Crusher Run NB 6.25 NB 3.90
2 ½” Crusher Run 3.65
3/8” Limestone Chips NB 6.85 8.50 16.95 6.95
5/8” Limestone Chips NB 6.50 8.50 16.60 6.60
1 ½” Coarse Stone 6.00 5.50 7.00 15.55 5.55
2” Coarse Stone NB NB 7.00 16.25 6.25
3/8” Screenings 4.50 4.00 4.50 4.15
Screenings Hot Mix 14.15
5/8” Mill Run NB NB 8.50 NB NB
1 ½” Mill Run #10 NB NB 6.50 NB
1 ½ “ BTA ODOT 5.35
6” Rip Rap NB NB NB NB
6” Surge 5.85
8” Rip Rap NB NB NB 23.00
8” Gabion Stone 12.00
10” Rip Rap NB NB NB NB NB
12” Rip Rap 13.00 12.00 12.50 23.00 12.00
18” Rip Rap 12.00 11.00 12.50 22.00 11.00
24” Rip Rap 12.00 11.00 12.50 22.00 11.00
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, that the bids for Aggregate Materials be deferred to staff for review and recommendation at the next meeting. Motion carried 5-0.
c. Union and Mall Drive Traffic Signal Installation (Open)
Midstate Traffic Control Inc. $55,411.90
Oklahoma City, OK 73114
Traffic Signals, Inc. $77,111.55
Edmond, OK 73003
Engineer’s Estimate: $85,000.00
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, that the bids for the Union and Mall Drive Traffic Signal Installation be deferred to staff for review and recommendation at the next meeting. Motion carried 5-0.
d. Purchase and Installation of Rubber Tile for Shawnee Public Library Community Rooms and Lobby (Open)
Floor Design Center $44,832.00
Oklahoma City, OK
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, that the bid for Purchase and Installation of Rubber Tile for Shawnee Public Library Community Rooms and Lobby be deferred to staff for review and recommendation at the next meeting. Motion carried 5-0.
AGENDA ITEM NO. 23: 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. 24: Administrative Reports
Under Administrative Reports, the following staff members reported on the following:
*City Engineer John Krywicki reported on the current street projects and street conditions due to the ice storm and the drainage structure work to start next week.
*City Treasurer Becky Cragin gave the quarterly financial report noting that sales tax had increased by 5.4%; the overall revenues up by 5% and a 1% increase of expenditures.
*Community Development Director Mike Southard reported on the carryover mural project will be completed at Beard and Main Street; streetscape project to start in March; and a new carpet business has been opened at the end of East Main.
*City Manager Jim Collard requested a work session at a future date regarding staff’s recommendations for modifications to the bidding process and discuss budget process with the Commission’s guidance. He reported on staff’s decision to move the ice to the middle of the streets for reasons to avoid blocking driveways, storm drains, and water meters.
The city manager asked that the citizens be patient with city crews since they have been working long hours. He reported that the memorial for Glen Collins was cancelled last Saturday because of the weather.
AGENDA ITEM NO. 25: Commissioners Comments
Under Commissioners Comments, Commissioner Schrzan commented on the letter from the Internal Revenue Service regarding Oklahoma Jet Works, lessee at the airport. He questioned if it affected the amendment to the lease recently approved by the Commission. Staff advised him that this item would be placed on the Airport Advisory Board agenda, but was also told that the matters of Jet Works did not impact the City.
He questioned the city treasurer about the position of Deputy City Treasurer and how long had it been a position. The city treasurer and other staffers advised that it has been a position for many years.
Vice Mayor Peterson referred to comments made earlier under citizens’ participation about the purpose of the Atoka waterline. She recommended to staff that an up-date be done about the lake status and to continue to get the message to the public about the city’s drinking supply.
AGENDA ITEM NO. 26: Adjournment.
There being no further business to be considered, a motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, that the meeting be adjourned. Motion carried 5-0. (10:25 p.m.)
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