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Date: 11/7/2005Board: City CommissionDocumentType: MinutesWeb Posted: 8/25/2006 8:50:48 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS

NOVEMBER 7, 2005 AT 5:30 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, November 7, 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

Marva O’Neal Chris Harden
Commissioner Ward 3 Commissioner Ward 4

Bob Downing
Commissioner Ward 6

ABSENT: Linda Peterson
Commissioner Ward 5-Vice Mayor


INVOCATION Reverend Jimmie Don Gibson
Calvary Baptist Church

FLAG SALUTE Mayor Mills

AGENDA ITEM NO. 1: 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. 15.

b. Consider approval of minutes from the October 17, 2005 meeting.
c. Acknowledge the following reports and minutes:

* Airport Advisory Board minutes from the August 31, 2005 meeting

* Shawnee Urban Renewal Authority minutes from the October 4, 2005 meeting

* Civic and Cultural Development Authority minutes from the September 15, 2005 meeting

* Traffic Commission minutes from the September 27, 2005 meeting

* Planning Commission minutes from the October 5, 2005 meeting.

d. Lakesite Leases:

Transfers:

Lot 7, Coffman Tract

To: Michael W. Brooks
Kathy L. Brooks
1220 Choctaw Trails
Blanchard, OK 73010

From: Marion Brooks
4724 Lisa Lane
Del City, OK 73115

Lot 15, Magnino A Tract

To: Lonnie D. Hawkins
Elizabeth M. Hawkins
17316 Magnino Road
Shawnee, OK 74801

From: Brad Hawkins
17316 Magnino Road
Shawnee, OK 74801

Renewal:

Lot 7, Eckel Tract

Raymond Walker
Frances Walker
15213 Eckel Drive
Shawnee, OK 74801

e. Authorize staff to advertise for bids for culvert pipe replacement project in Northridge Addition at the southwest corner of Janeway and Northridge Streets.

f. Authorize staff to advertise for bids for the purchase of 2 four-wheel drive pickups.

g. Authorize staff to advertise for Cleveland Street Sanitary Sewer Project.

h. Authorize staff to advertise for bids to repair the 20” raw water line across the North Canadian River.

i. Authorize staff to advertise for bids to remodel the annex building.

j. Authorize staff to solicit qualifications from professional firms to update Shawnee’s zoning & sub-division regulations and a neighborhood action plan.

k. Approve out-of-state travel for two Traffic Control Technicians to attend school in Arlington, Texas from January 10 – 13, 2005.

l. Approve out-of-state travel for Brian Woodall, Equipment Services Director, to travel to Austin, Texas to attend a conference entitled “Implementing Best Business Practices for Fleet Management” on November 17, 2005.

m. Approve out-of-state travel for two or more Planning Commissioners to attend the American Planning Association conference in San Antonio, Texas, April 22 – 26, 2005.

n. Acknowledge $1,000.00 donation from Nancy Powell to Fire Department Clown Program.

o. Approve recommendation from Community Service Contracts Review Committee to renew a six-month contract with Downtown Shawnee, Inc. for the period from January 1, 2006 to June 30, 2006.

p. Approve Oklahoma Municipal Retirement Fund application for distribution to Roland Wilson.

q. Approve declaring property located at Grant and Harrison streets surplus and authorize the sale of said property by auction.

r. Authorize staff to negotiate a contract with the Oklahoma State School Land Commission for an annual lease on 30 acres located at Kickapoo and Westech for Phase 1 of the Regional Park and Sports Complex.

s. Recommendations from the Traffic Commission:

(1) Continue discussion and consideration of request from Carol McCoy, Wal-Mart representative, to install a traffic light at the intersection of Union and Mall Drive.

Recommendation: To defer request until traffic study is completed. Oklahoma Department of Transportation reports study will be available for the next Traffic Commission meeting.

(2) Request from Walter Coker, 303 S. Dixon, to install a security lamp at this location.

Recommendation: To approve request, replacing security lamp destroyed by an accident.

(3) Request to remove the east and west bound stop signs at Main and McKinley streets.

Recommendation: To defer request until after the Pratt’s building auction to determine if the new business at that location will require the signs.

(4) Request from Stacy Russell, 1344 E. 10th St., to install a “deaf child at play” sign for her two hearing impaired daughters.

Recommendation: To approve request.

(5) Request from Travis Mayfield, 120 Pontotoc, to install a stop sign for eastbound traffic on Leo Street at Independence (Central Plastics east entrance) to make this intersection a 3-way stop.

Recommendation: To defer request until the owners of Central Plastics have been contacted for their input.

(6) Request from city staff to synchronize the traffic lights on Main Street to allow for east or west bound traffic to drive from one end of Main Street to the other without stopping for red lights.

Recommendation: To deny request. Merchants voiced their opinion that this would reduce the amount of people who window-shop while stopped.

t. Appointment:

Water Resource Committee

Appoint Linda Agee to replace Susan Jordan

Before voting on the Consent Agenda, Consent Agenda Item Nos. 1(n and r) were pulled for separate consideration.
A motion was made by Commissioner Downing, seconded by Commissioner Harden, to approve the Consent Agenda Item No. 1 (a-t), less (n and r).

Motion carried 6-0.

AYE: Downing, Harden, Claybrook, Schrzan, O’Neal, Mills
NAY: None

Under Agenda Item No.1 (n), Fire Chief Jerry Bowers gave special recognition to Nancy Powell in acknowledgment of the $1,000.00 donation to the firefighter clown program in memory of former City Manager Terry Powell. Ms. Nancy Powell stated that Terry was supportive of the clown program and Ms. Powell asked that it be used to further enhance the program.
A motion was made by Commissioner Harden, seconded by Commissioner Downing, to approve Consent Agenda Item No. 1(n), in acknowledgment and acceptance of the $1,000.00 donation for the Fire Department Clown Program from Nancy Powell in memory of former City Manager Terry Powell. Motion carried 6-0.

AYE: Harden, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None

Under Agenda Item No.1 (r), Community Development Director Mike Southard gave an update on the grant application process for funding for part of the regional park and he recommended staff to negotiate a contract with Oklahoma State School Land Commission.
A motion was made by Commissioner Schrzan, seconded by Commissioner Claybrook, to approve Consent Agenda Item No. 1(r), authorize staff to negotiate a contract with the Oklahoma State School Land Commission for an annual lease on 30 acres located at Kickapoo and Westech for Phase 1 of the Regional Park and Sports Complex. Motion carried 6-0.

AYE: Schrzan, Claybrook, O’Neal, Mills, Harden, Downing
NAY: None

AGENDA ITEM NO. 2: Mayor’s Presentation:

“John Merrill Day”
November 8, 2005
(accepted by Mary Deathrage, president of Volunteers-Unity)


“Crossroads Union Street Head Start Day”
November 10, 2005
(accepted by Ms. Connie Benson)

“Oklahoma Heritage Week”
November 13 – 19, 2005
(No one present to accept)

Resolution of Appreciation to Roland Wilson for over 35 years of loyal service to the City of Shawnee.

Mayor Mills presented a Resolution of Appreciation to Roland Wilson for 35 years of loyal service to the City of Shawnee.

Resolution No. 6255 was introduced and the title read aloud.
Resolution No. 6255 entitled “A resolution expressing appreciation to Roland Wilson for 35 years of loyal service to the City of Shawnee, Oklahoma; directing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing a copy be presented to Roland Wilson.”

A motion was made by Commissioner Claybrook, seconded by Commissioner O’Neal, that the Title and Resolution No. 6255 be approved. Motion carried 6-0.

AYE: Claybrook, O’Neal, Mills, Harden, Downing, Schrzan
NAY: None

Thereupon Mayor Mills declared Resolution No. 6255 duly passed and adopted.

AGENDA ITEM NO. 3: Public hearing and consider an ordinance rezoning property located at 702 W. Independence and 1502 Airport Drive from I-2; Light Industrial District to C-3; Automotive and Commercial Recreation District for retail/recreational use. (Applicant: City of Shawnee).

Mayor Mills declared a public hearing in session to consider ordinance to change the zoning district of the Shawnee area located at 702 W. Independence and 1502 Airport Drive for retail/recreational use.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning.
Community Development Director Mike Southard gave the staff report noting that the Planning Commission recommended approval of the rezoning request and there were no formal written protests filed with the City Clerk.
No others appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2220NS was introduced and read into record.
Ordinance No. 2220NS 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 33.00 feet North and 93.00 feet West of the Southwest Corner of the Southeast Quarter of the Southeast Quarter (SE/4 SE/4) of Section 12, Township 10, North Range 3 East of the Indian Meridian, Pottawatomie County, Oklahoma; thence West a distance of 90.00 feet; thence North a distance of 123.41 feet; thence N45º00’00”W a distance of 87.00 feet; thence North a distance of 29.56 feet; thence East a distance of 151.93 feet; thence South a distance of 215.00 feet to the point of beginning…AND…a tract of land described as beginning at a point 33.OO feet North and 183.00 feet West of the Southwest Corner of the Southeast Quarter of the Southeast Quarter (SE/4 SE/4) of Section 12, Township 10 North, Range 3 East of the Indian Meridian, Pottawatomie County, Oklahoma: thence West a distance of 177.00 feet; thence North a distance of 300.00 feet; thence S45º00’00”E a distance of 249.73 feet; thence South a distance of 123.41 feet to the point of beginning rezoning said property from I-2; Light Industrial 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 Commissioner Schrzan, that the Title and Section 1 be approved. Motion carried 6-0.

AYE: Downing, Schrzan, O’Neal, Mills, Harden, Claybrook
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2220NS duly passed and adopted.

AGENDA ITEM NO. 4: Public hearing and consider an ordinance rezoning property located at 431 S. Leo from A-1; Agricultural District to A-1P; Agricultural District with a Conditional Use Permit for a manufactured/mobile home. (Applicant: Michael and Cathy Barksdale).

Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 431 S. Leo for a manufactured/mobile home.
Community Development Director Mike Southard noted that the Planning Commission had recommended approval of the rezoning with the condition that the structures conform to the 1996 HUD Code.
It was noted that one protest letter had been filed with the City Clerk.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning. No one appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2221NS was introduced and the title read aloud.

Ordinance No. 2221NS 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: The Southwest Quarter of the Southwest Quarter (SW/4, SW/4) of Section Twenty-four (24), Township Ten (10) North, Range Three (3) East of the Indian Meridian, Pottawatomie County, Oklahoma, less and except lands previously deeded to the State of Oklahoma for U.S. Highway 177 and Farrall Street and certain street easement or deeds in favor of the City of Shawnee, rezoning said property from A-1; Agricultural District to A-1P; Agricultural District with conditional use permit; amending the official zoning map of the City of Shawnee accordingly.”

A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that the Title and Section 1 be approved and with the condition that the structures conform to the 1996 HUD Code. Motion carried 6-0.

AYE: Downing, Schrzan, O’Neal, Mills, Harden, Claybrook
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2221NS duly passed and adopted.

AGENDA ITEM NO. 5: Consider approval of preliminary plat for the Copper Creek Addition located north of MacArthur Street on the west side of Bryan Street. (Applicant: Kevin and Tina Hanna d/b/a Copper Creek Properties).

Community Development Director Mike Southard gave the staff report noting that the Planning Commission recommended approval of the preliminary plat for the Copper Creek Addition.
The plat conforms to the Comprhensive Plan. The subdivision consists of four lots on approximately 11.5 acres.
A motion was made by Commissioner Schrzan, seconded by Commissioner Claybrook, to approve the preliminary plat for the Copper Creek Addition located north of MacArthur Street on the west side of Bryan Street submitted by Kevin Hanna on behalf of Copper Creek Properties. Motion carried 6-0.

AYE: Schrzan, Claybrook, Mills, Harden, Downing, O’Neal
NAY: None

AGENDA ITEM NO. 6: Consider approval of final plat for the Woodsong Addition Phase 2 located on the north side of Bryan Street, between Bryan and Harrison streets. (Applicant: Bryant Builders).

The staff report was given by Community Development Director Mike Southard. He advised that the Planning Commission recommended approval of the final plat for Woodsong Addition Phase 2 with a variance to the sidewalk requirement.
A motion was made by Commissioner Claybrook, seconded by Commissioner Harden, to approve the final plat with a variance to the sidewalk requirement for the Woodsong Addition Phase 2 located on the north side of Bryan Street, between Bryan and Harrison Street as submitted by Bryant Builders.

Motion carried 6-0.

AYE: Claybrook, Harden, Downing, Schrzan, O’Neal, Mills
NAY: None

AGENDA ITEM NO. 7: Consider an airport lease agreement with Jason Skillern and Brian Thompson, d/b/a Slide & Grind SK8 Shack, LLC.

Assistant Airport Manager Jerry Sharp and Accounting Clerk Lisa Moody gave the staff report. It was noted that the Airport Advisory Board had recommended approval.
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, to approve the airport lease agreement for property at 702 West Independence with Jason Skillern and Brian Thompson, d/b/a Slide & Grind SK8 Shack, LLC. Motion carried 6-0.

AYE: Downing, Claybrook, Schrzan, O’Neal, Mills, Harden
NAY: None

AGENDA ITEM NO. 8: Approve Memorandum of Agreement between City of Shawnee and Nick Davis Productions for televising police chief series.

City Manager Jim Collard presented the memorandum of agreement with Nick Davis Productions of New York, New York, to make a non-fiction television series (Court TV) featuring Police Chief Mike Chitwood in his professional capacity.
Mr. Collard informed that the City would receive $5,000 per episode with the initial series of thirteen (13) episodes. It was staff’s reasoning that it would be good publicity for the City of Shawnee.
Upon discussion, renegotiations for more money per episode was brought up and there was concern about the time involved by the police chief and if it would affect his duties
A motion was made by Commissioner Downing, seconded by Commissioner Harden, to defer memorandum of Agreement between the City of Shawnee and Nick Davis Productions for two weeks in regards to further negotiations.
Motion carried 6-0.

AYE: Downing, Harden, Claybrook, Schrzan, Mills, O’Neal
NAY: None

AGENDA ITEM NO. 9: Consider an ordinance prohibiting certain locations for tobacco vending machines, requiring display of tobacco age restriction signage, restricting public access to tobacco products and prohibiting the delivery of tobacco paraphernalia to minors.

Appearing before the Commission was Ms. Lisa Wade, Coordinator of Pottawatomie Alliance Toward Tobacco Community Health (PATCH), requesting the Commission’s approval of ordinances that would update the city’s current tobacco ordinance to mirror the state to make it harder for businesses to sell tobacco products to minors.
Ordinance No. 2222NS was introduced and the title read aloud.

Ordinance No. 2222NS entitled “An ordinance relating to the control of the availability of tobacco products to minors; creating new Sections 20-137, 20-138, 20-139 and 20-140, Division 2, Article III of Chapter 20 of the Code of the City of Shawnee; prohibiting certain locations for tobacco vending machines; requiring display of tobacco age restriction signage; restricting public access to tobacco products; prohibiting the delivery of tobacco paraphernalia to minors; providing for severability and declaring an emergency.”

A motion was made by Commissioner Downing, seconded by Commissioner O’Neal, that the Title and Sections 1-5 be approved.


Motion carried 6-0.

AYE: Downing, O’Neal, Mills, Harden, Claybrook, Schrzan
NAY: None

A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, that Section 6, the emergency clause, be approved. Motion carried.

AYE: Downing, Claybrook, Schrzan, O’Neal, Mills, Harden
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2222NS duly passed and adopted.

AGENDA ITEM NO. 10: Consider an ordinance increasing penalties for furnishing tobacco products to minors and describing the proof of age a person can rely upon in distributing tobacco products.

Ordinance No. 2223NS was introduced and the title read aloud.

Ordinance No. 2223NS entitled “An ordinance relating to the regulation of tobacco products and access to minors; amending sections 20-133, 20-134, and 20-135, Division 2, Article III of Chapter 20 of the Code of the City of Shawnee; increasing the penalties for furnishing tobacco products to minors, for distributing tobacco samples to minors and for purchasing tobacco products either for a minor or by a minor; setting out the proof of age that a distributor can rely upon when selling tobacco products; providing for severability and declaring an emergency.”

A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, that the Title and Sections 1-4 be approved. Motion carried 6-0.

AYE: Schrzan, O’Neal, Mills, Harden, Downing, Claybrook
NAY: None

A motion was made by Commissioner Claybrook, seconded by Commissioner Downing, that Section 5, the emergency clause, be approved. Motion carried 6-0.

AYE: Claybrook, Downing, Schrzan, O’Neal, Mills, Harden
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2223NS duly passed and adopted.

AGENDA ITEM NO. 11: Presentation by Ann Davis regarding placement and purchase of snowflakes.

Appearing before the Commission was Mrs. Ann Davis, asking permission to investigate the placement of snowflake decorations on Bryan Street and for the city to purchase one per every four sold as has been done in the past.
Mrs. Davis advised that she had contacted O.G. & E and they had some poles that would need to be rewired.
Upon discussion about Farrall Street lacking snowflakes, Mrs. Davis told the Commission that she tried to get snowflakes on that thoroughfare, but due to the voltage and lack of poles, it was not done.
Mrs. Davis also requested permission for the city to purchase decoration to replace the old sleigh and reindeers that were purchased with donations in memory of late Mayor Pierre F. Taron in 1996. Mrs. Davis thought that donated funds were available.
Staff had checked the “gift and contributions” account and advised that funds had been previously used.


AGENDA ITEM NO.12: Consider placement, wiring and funding of snowflakes within the City of Shawnee.

Continuing discussion about installation of snowflakes, City Engineer John Krywicki handed out a report that it would cost approximately $11,500 to rewire 23 poles along the north side of Farrall Street.
Further discussion concluded that 23 poles were not needed and currently at least four snowflakes could be placed in the area.
City Manager Jim Collard stated that since he has the authority to spend up to $7,500, he and staff would work out solutions to hang the snowflakes.
A motion was made by Commissioner Harden, seconded by Commissioner Downing, to approve staff’s recommendation by giving the city manager authority to address the snowflake placement and funding. Motion carried 6-0.

AYE: Harden, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None

AGENDA ITEM NO. 13: Discussion regarding affordable housing options within the City of Shawnee.

From the November 7th meeting, the City Commission heard a presentation from Mr. Lindsey Holloway of DaMax Development Company proposing affordable housing in Shawnee.
From that meeting, the Commission had requested staff to check on the credentials of DaMax and check on the legalities of the city waiving approximately $14,000 of liens on properties proposed for affordable housing.
Staff advised that DaMax had checked out as a reputable company and legal staff advised that lien waivers would be legal by the donation process that involves the County donating property to the City. The City in-turn would donate to non-profit organizations through the Shawnee Urban Renewal Authority.
Mr. Lindsey Holloway and Mr. Mike Little were available to answer questions and to request that a resolution be put on the next Commission agenda in support of the affordable housing.
It was mentioned that forty-nine (49) homes were being considered for development.

AGENDA ITEM NO. 14: Discussion regarding upcoming cable television franchise.

City Treasurer Becky Cragin informed the Commission that the cable television permit would be expiring December 2006 and staff was recommending to start the process by forming a committee or reactivating the past cable TV advisory committee.
Upon discussion, Mayor Mills agreed that he would first contact the previous committee members to determine if they were interested in serving again. It was also recommended that at least one or two City Commissioners be on the committee.

AGENDA ITEM NO. 15: Consider bids:

The following bids were opened and read into record.

a. Replacement of Chlorinators (open and award)

BIDDER AMOUNT

Lamar Industries, Inc. $52,474.00
Shawnee, OK

A motion was made by Commissioner Claybrook, seconded by Commissioner O’Neal, to award the bid on Replacement of Chlorinators to Lamar Industries, Inc. Shawnee, Oklahoma in the amount of $52,474.00 as the lowest and best bid. Motion carried 6-0.

AYE: Claybrook, O’Neal, Mills, Harden, Downing, Schrzan
NAY: None

b. Emergency Vehicle Exhaust Removal System (open)

BIDDER AMOUNT

Nederman, Inc. $86,950.00
Westland, MI

Air Cleaning Technologies, Inc. $86,880.00
Broken Arrow, OK

A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that the bids for the Emergency Vehicle Exhaust Removal System be deferred to staff for review and recommendation at the next meeting. Motion carried 6-0.

AYE: Downing, Schrzan, Claybrook, O’Neal, Mills, Harden
NAY: None

c. Asphaltic Concrete Type A, B & C (open)
d. Aggregate Materials (open)

A motion was made by Commissioner Schrzan, seconded by Commissioner Downing, to defer opening bids on the Asphaltic Concrete Type A, B & C and Aggregate Materials to the next City Commission meeting due to circumstances that they were not published in the Shawnee News Star. Motion carried 6-0.

AYE: Schrzan, Downing, O’Neal, Mills, Harden, Claybrook
NAY: None

AGENDA ITEM NO. 16: New Business (Any matter not known about or which could not have been reasonably foreseen prior to the time of posting agenda)

There was no New Business.

AGENDA ITEM NO. 17: Administrative Reports

Under Administrative Reports, City Clerk Diana Hallock gave a brief update on the utility billing training and informing the Commission that starting January 2006 the billing process will be changing to standardize the process to operate more efficiently, cost-effectively, and provide better customer services.


AGENDA ITEM NO. 18: Citizens Participation(A five minute limit per person) (A fifteen minute limit per topic)

Under Citizens Participation, Mr. Michael Beck, truck driver and resident on Independence Street, appeared before the Commission voicing his concern about the ability to park an 18 wheeler on the street. Mr. Beck voiced his concerns and disappointment with the current ordinance and asked the Commission and city staff to develop a feasible solution.

AGENDA ITEM NO. 19: Commissioners Comments

Under Commissioners Comments, it was announced that the Shawnee Twin Lakes Association would be having a meeting on November 15 at 6:00 p.m. and the Commission was invited for a guided tour around the lake.

AGENDA ITEM NO. 20: Adjournment

There being no further business to be considered, a motion was made by Commissioner Downing, seconded by Commissioner Harden, that the meeting be adjourned. Motion carried 6-0. (8:34 p.m.)

AYE: Downing, Harden, Claybrook, Schrzan, O’Neal, Mills
NAY: None


______________________________
CHUCK MILLS, MAYOR

(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERK

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