Date: 9/15/2008Board: City CommissionDocumentType: MinutesWeb Posted: 10/7/2008 8:58:11 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS

SEPTEMBER 15, 2008 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, September 15, 2008 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.

Chuck Mills
Mayor

Pam Stephens Tom Schrzan
Commissioner Ward 1-Vice Mayor Commissioner Ward 2

Marva O’Neal Billy Collier
Commissioner Ward 3 Commissioner Ward 4

Linda Peterson Carl Holt
Commissioner Ward 5 Commissioner Ward 6

ABSENT:

INVOCATION DON LYNCH


FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda:

A motion was made by Commissioner Schrzan, seconded by Commissioner Holt, to pull Agenda Item No. 2(c) from the Consent Agenda and consider after Agenda Item No. 6 and pull Agenda Item No. 18 to be considered after Agenda Item No. 6. Motion carried 7-0.

AYE: Schrzan, Holt, Stephens, O’Neal, Mills, Collier, Peterson
NAY: None

AGENDA ITEM NO. 2: Consider approval of Consent Agenda:

a. Minutes from the August 28 and September 2, 2008 meetings.

b. Acknowledge the following reports and minutes:

• Shawnee Beautification Committee minutes from August 4, 2008
• Shawnee Urban Renewal Authority minutes from August 5, 2008
• Planning Commission minutes from August 6, 2008
• Sister Cities Council minutes from August 12, 2008
• License Payment Report for August 2008
• Project Payment Report for August 2008
• Sales Tax Report through September 2008

c. Approval of expenditure of funds as requested by Marion McMillan, Chairman of Shawnee Economic Development Foundation Board of Directors.

d. Acknowledge and accept $200.00 donation to the Shawnee Fire Department from Mr. and Mrs. Clarence and Jeanne Mullins.

e. Acknowledge receipt of Oklahoma Department of Environmental Quality (ODEQ) Permit No. SL000063080771 permit to construct sanitary sewer improvements to serve Shawnee Mall Subdivision Section 3.

f. Acknowledge receipt of Oklahoma Department of Environmental Quality (ODEQ) Permit No. WL000063080770 permit to construct water line improvements to serve Shawnee Mall Subdivision Section 3.

g. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for William Garrett Lewis.

h. Lake Site Lease Transfer:

• Lot 5/5A North School, 31705 Ingram Road
From: J. Stromberg and J. Stromberg
To: S. Pendleton and M. Pendleton

A motion was made by Commissioner Peterson, seconded by Commissioner O’Neal, to approve Consent Agenda No. 2(a-h), less (c), as presented. Motion carried 7-0.

AYE: Peterson, O’Neal, Mills, Collier, Holt, Stephens, Schrzan
NAY: None

AGENDA ITEM NO. 3: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)

Gary Jenkins spoke to retract a statement he had made at the September 2nd meeting regarding a commissioner but was still unhappy about a parks employee statement quoted by the news media. Mr. Jenkins was advised to make an appointment with the city manager if he had an issue with an employee, the commissioners could not intervene in personnel matters.

Warren Rutherford spoke regarding the length of time allowed for house movers to clean up a lot when they have moved a house. Lots at Macarthur and Bell have had houses moved and a mess was left behind. The house moving company stated they had six months to complete the clean up and Mr. Rutherford thinks this is an unreasonable amount of time for the neighborhood to put up with the mess and he would like to see the amount of time shortened.

AGENDA ITEM NO. 4: Mayor’s Proclamations:

“Ball Pipe and Supply Day”
September 22, 2008
(will be presented at Ball Pipe and Supply on September 22, 2008)

“Constitution Week”
September 17-23, 2008
(accepted by D A R Representative)

“City of Shawnee Employee Appreciation Week”
September 21-27, 2008
(accepted by David Combs Airport, Lisa Brownell HR, Jeb Rollins Police Department, David Short Fire Department, and Rhonda Masquat Finance)

“National Preparedness Month”
September 2008
(accepted by Don Lynch)

AGENDA ITEM NO. 5: Presentation to Oklahoma Baptist University in appreciation of ADA accessibility to new buildings.

Mr. Jim Sims presented a plaque to John Parrish, representing Oklahoma Baptist University, for adapting older buildings to be ADA accessible and building new buildings in compliance with ADA requirements.

AGENDA ITEM NO. 6: Presentation by Steve Hatfield of the final Trails Master Plan.

Presentation by Steve Hatfield of the final Trails Master Plan will be deferred until October 6th City Commission meeting.

THE COMMISSION DEVIATE FROM THE WRITTEN AGENDA TO CONSIDER AGENDA ITEM NO. 18 AND CONSENT AGENDA ITEM NO. 2(C)

AGENDA ITEM NO. 18: Discuss and consider the city manager application evaluation process.

Discussion was held regarding the hiring of a search firm or beginning the process with a committee of commissioners and commissioner-elect. At the special called meeting in August many citizens expressed the view that a search firm could be helpful. It was decided that a committee could start the process and at the next commission meeting a presentation from another search firm would be heard and a report from the committee would be presented. Mayor Mills appointed a committee to review the applications received and report back at the next commission meeting.
A motion was made by Commissioner Holt, seconded by Commissioner O’Neal to approve the committee of Vice-Mayor Stephens, Commissioner Peterson, Commissioner Holt, and commissioner-elect Harrod as appointed by Mayor Mills to a city manager application review committee. Motion carried 6-1.

AYE: Holt, O’Neal, Mills, Collier, Peterson, Stephens
NAY: Schrzan
AGENDA ITEM NO. 2(c): Approval of expenditure of funds as requested by Marion McMillan, Chairman of Shawnee Economic Development Foundation Board of Directors.

A motion was made by Commissioner Peterson, seconded by Commissioner Schrzan, for SEDF to continue to receive the original $8,333.33 by invoicing the City of Shawnee monthly and discussion of additional funds between SEDF and City Treasurer to continue with results brought back to Commission. Motion carried 7-0.

AYE: Peterson, Schrzan, O’Neal, Mills, Collier, Holt, Stephens
NAY: None

CITY COMMISSION NOW RETURNS TO FORMAL AGENDA

AGENDA ITEM NO. 7: Public hearing and consider approval of the Shawnee Trails Master Plan amending the Comprehensive Plan.

A motion was made by Commissioner Peterson, seconded by Commissioner Holt, to continue until the October 6th City Commission public hearing and Trails Master Plan is approved. Motion carried 7-0.

AYE: Peterson, Holt, Stephens, Schrzan, O’Neal, Mills, Collier
NAY: None

AGENDA ITEM NO. 8: Public hearing and consider an ordinance to rezone property located at 712 E. Highland from R-1; Residential, C-1; Neighborhood Commercial and C-3; Automotive, Commercial and Recreation to a Planned Unit Development. Case #P01-08
(Applicant: John Weger obo Shawnee Auto Mall)

Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 712 E. Highland to a Planned Unit Development.
Mayor Mills asked if any person wished to appear in favor of or in protest of the rezoning.
Staff noted that this area is suitable for residential/commercial activity. The majority of the property proposed for PUD is zoned C-3 and used as an auto sales commercial lot. The applicant wishes to expand the automobile sales lot that is located on the subject site onto a vacant lot to the northeast and abutting the car sales lot. Staff recommends approval of the request to rezone this property from R-1; Residential, C-3; Automotive, Commercial & Recreation, and C-1; Neighborhood Commercial District to the Planned Unit Development of the Shawnee Auto Mall to allow for commercial use and auto sales, subject to the requirements of Technical Considerations 1-3:
TECHNICAL ISSUES

1. Hard Surface: If used for parking of any kind, the parking area must be hard surfaced.
2. As part of any Building Permit, Zoning Clearance Permit, or Occupancy Permit, sidewalks, fencing,
lighting, and landscaping may be required as per Shawnee Codes.
3. Staff has requested clarification on ownership of the property. The applicant has stated this information will be submitted prior to the September Planning Commission Meeting.

No others appeared and no formal written protests were filed. The public hearing was closed.

Ordinance No. 2369NS was introduced and the title read aloud.

ORDINANCE NO. 2369NS ENTITLED “A TRACT OF LAND DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER OF BLOCK SEVENTEEN (17), RICHARD AND MARY’S ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE N00º19’24”E A DISTANCE OF 200.00 FEET; THENCE S 89º40’36”E A DISTANCE OF 180.00 FEET; THENCE N00º19’22”E A DISTANCE OF 38.00 FEET; THENCE S89º40’36”E A DISTANCE OF 120.00 FEET; THENCE S00º19’22”W A DISTANCE OF 38.00 FEET; THENCE N89º40’36”W A DISTANCE OF 120.00 FEET; THENCE S00°19’22”W A DISTANCE OF 38.00 FEET; THENCE S00°19’24”W A DISTANCE OF 200.00 FEET; THENCE N89°40’36”W A DISTANCE OF 300.00 FEET TOTHE POINT OF BEGINNING ACCORDING TO THE RECORDED PLAT THEREOF; FROM R-1; SINGLE FAMILY RESIDENTIAL, C-1; NEIGHBORHOOD COMMERCIAL AND C-3; AUTOMOTIVE, COMMERCIAL AND RECREATIONAL TO PUD; PLANNED UNIT DEVELOPMENT ALLOWING FOR C-1 NEIGHBORHOOD COMMERCIAL, C-2; SUBURBAN OFFICE AND C-3; AUTOMOTIVE, COMMERCIAL & RECREATION DISTRICT AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”



A motion was made by Commissioner Holt, seconded by Commissioner Collier, that the Title and Ordinance No. 2369NS be approved. Motion carried 6-0-1.

AYE: Holt, Collier, Peterson, Schrzan, O’Neal, Mills
NAY: None
ABSTAIN: Stephens

Thereupon Mayor Mills declared Ordinance No.2369NS duly passed and adopted.

AGENDA ITEM NO. 9: Public hearing and consider an ordinance for a Conditional Use Permit to allow for a mobile home in A-1; Agricultural District for property located at 31709 Westlake Road. Case #P27-08
(Applicant: Robert and Judy Foust)

Mayor Mills declared a public hearing in session to consider an ordinance for a Conditional Use Permit to allow for a mobile home for property located at 31709 Westlake Road.
Mayor Mills asked if any person wished to appear in favor of or in protest of the Conditional Use Permit.
Staff recommends that that a standard be established for manufactured homes. To date, this standard has been required upon approval. The conditions are as follows:

1. The unit must bear a seal certifying compliance with the Federal Manufactured Construction and Safety standards as revised on April 1, 1995.
2. The unit is dual sectional with a minimum front width of Twenty-four (24) feet and a minimum floor area of one thousand (1,000) square feet.
3. The unit must be attached to a continuous concrete or concrete block foundation that complies with the Building Code. The foundation must be an excavated and backfilled foundation, enclosed at the perimeter with the finished floor being a maximum of twenty-four 924) inches above the exterior grade of the lot on the uphill side of the house.
4. The roof must be a gable or hip type construction with at least Class C shingle roofing material. The roof slope must have a vertical rise of Three (3) inches for every Twelve (12) inches of horizontal run with a minimum eave projection and roof overhang of Eight (8) inches, which may include guttering.
5. Covered front and rear porches and site-built steps must be constructed with exterior materials matching the structure.

This 20 acre site has one residential structure existing. The structure is old and will not be used once the manufactured home is moved to the site. The applicant has indicated that the structure will be used for storage. Therefore, Staff recommends one additional condition:

6: The existing structure shall not be used for residential purposes upon installation and acceptance of the
manufactured home by the City. Use of the existing home for storage and other incidental use is
permitted.

No others appeared and no formal written protests were filed with the City Clerk. The public hearing was closed.

Ordinance No. 2370NS was introduced and the title read aloud.

ORDINANCE NO. 2370NS 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 TRACT OF LAND LYING IN THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER (W/2 SW/4 NE/4 SE/4) OF SECTION NINE (9), TOWNSHIP TEN (10) NORTH, RANGE TWO (2) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO A-1P; AGRICULTURAL WITH CONDITIONAL USE PERMIT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Holt, seconded by Commissioner Collier, that the Title and Ordinance No. 2370NS be approved. Motion carried 7-0.

AYE: Holt, Collier, Peterson, Stephens, Schrzan, O’Neal, Mills
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2370NS duly passed and adopted.

AGENDA ITEM NO. 10: Public hearing and consider an ordinance to rezone property located at 202, 204 & 212 N. Harrison from R-2; Combined Residential to C-2; Suburban Office.
Case #P28-08
(Applicant: Sac & Fox Nation)

Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 3980 N. Kickapoo.
Mayor Mills asked if any person wished to appear in favor of or in protest of the rezoning.
Staff report was given and it was noted that the Planning Commission consider the C-2; Suburban Office Zoning District as an alternative low-intensity development for this area of the Harrison Corridor. Low-intensity office and professional uses provide a transition between more intense uses and residential to office uses.
No others appeared and the public hearing was closed.
After due and careful consideration the title was introduced and read aloud.

ORDINANCE NO. 2371NS 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 SIX (6), SEVEN (7) AND EIGHT (8), BLOCK SEVEN (7), BEARD’S ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF REZONING SAID PROPERTY FROM R-2; COMBINED RESIDENTIAL TO C-2; SUBURBAN OFFICE COMMERCIAL AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Stephens, that the Title and Ordinance No. 237NS be approved. Motion carried 7-0.

AYE: Schrzan, Stephens, O’Neal, Mills, Collier, Peterson, Holt
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2371NS duly passed and adopted.

AGENDA ITEM NO. 11: Public hearing and consider an ordinance to rezone property located at 3980 N. Kickapoo from R-1; Residential to C-2; Suburban Office. Case #P29-08
(Applicant: Kurt Kalies)


ORDINANCE NO. 2372NS “AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, TO-WIT: LOT EIGHT (8), BLOCK ONE (1), COLLEGE VIEW ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF REZONING SAID PROPERTY FROM R-1; RESIDENTIAL TO C-2; SUBURBAN OFFICE COMMERCIAL AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Holt, seconded by Commissioner Collier, that the Title and Ordinance No. 2372NS be approved. Motion carried 7-0.

AYE: Holt, Collier, Peterson, Stephens, Schrzan, O’Neal, Mills
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2372NS duly passed and adopted.

AGENDA ITEM NO. 12: Public hearing and consider approval of a One Operator Beauty Parlor for property located at 8 Choctaw. C#P30-08
(Applicant: Garry and Sandra Duke)

Mayor Mills declared a public hearing in session to consider approval of a One Operator Beauty Parlor.
Mayor Mills asked if any person wished to appear in favor of or in protest of the Beauty Parlor.
Staff report was given and it was recommended the request for a Beauty Parlor be approved subject to all City codes and the following conditions.

1. No exterior alterations of the structure shall be made which are of a nonresidential nature and shall change the character of the residence. Before any structural changes can be made in the premises a building permit and a business permit must be obtained from the City Inspector.
2. One display sign permitted, it is non-illuminated, is not more than two (2) square feet in area and must be attached to the residence building.
3. The right to operate a beauty parlor is granted solely to the applicant and cannot be transferred.
4. There shall be no more than one (1) operator in such beauty salon and such operator shall be an occupant of the premises.
5. Additional off-street parking must be provided for two (2) automobiles.
6. The application must be accompanied by a petition signed by all of the owners of property which situated within 200 feet of the location of said beauty salon who consent to the establishing of said shop. Said petition must be signed by owners and premises fronting or abutting on both sides of the same street or streets on which said shop premises is located and within 200 feet thereof.
7. Said beauty salon shall be incidental and secondary to the use of the dwelling purposes and shall be conducted entirely within a dwelling house.

No formal written protests were filed and the public hearing was closed.

A motion was made by Commissioner Peterson, seconded by Commissioner O’Neal, to approve permit for the one operator Beauty Parlor for property located at 8 Choctaw. Motion carried 7-0.

AYE: Peterson, O’Neal, Mills, Collier, Holt, Stephens, Schrzan
NAY: None

AGENDA ITEM NO. 13: Public hearing and consider an ordinance for Conditional Use Permit to allow for the sale of beer and alcohol for on premise consumption in C-4; Central Business District, for property located at 118 E. Main.
Case #P31-08 (Applicant: Kevin Bentley)

Mayor Mills declared a public hearing in session to consider an ordinance for Conditional Use Permit to allow for the sale of beer and alcohol for property located at 118 E. Main.
Mayor Mills asked if any person wished to appear in favor of or in protest of the Conditional Use Permit.
Area business owners are not in favor of a family oriented restaurant by day and a club/bar by night. They feel that this would not be in the best interest of the community or the city. Other area business owners welcome the new business and hope it remains a family accessible restaurant.
Kevin Bentley, applicant, spoke to any concerns regarding the pub/restaurant stating the main focus of the business would be food but a specific area would be separated as bar area, as required by state law. After 10 p.m. there would be an age requirement for entry. However, the main focus will remain on the pizza business.
Staff recommends approval with state & local permits being obtained and continues to be a restaurant as defined by state statue.
No others appeared and the public hearing was closed.

After due and careful consideration the title was introduced and read aloud.


ORDINANCE NO. 2373NS 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: LOT THIRTEEN (13), BLOCK TWENTY-SIX (26), AMENDED PLAT, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM C-4; CENTRAL BUSINESS DISTRICT TO C-4P; CENTRAL BUSINESS DISTRICT WITH CONDITIONAL USE PERMIT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Stephens, that the Title and Ordinance No. 2373NS be approved. Motion carried 7-0.

AYE: Schrzan, Stephens, O’Neal, Mills, Collier, Peterson, Holt
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2373NS duly passed and adopted.

AGENDA ITEM NO. 14: Consider approval of a preliminary plat for Woodmore Addition located at Westech Road and Highway 18. Case #S21-08
(Applicant: Robert Woodmore)

This is a two-lot subdivision located South of Westech Road and East of Harrison. Lot 1 is 09 acres; Lot 2 is 1.80 acres. The subject site is currently vacant and is designated as Commercial designed to specifically promote commercial retail and service activities. The property is zoned C-1P; Neighborhood Commercial District with a Conditional Use Permit for Mini-Storage. This overall land use proposal and Preliminary Plat is in conformance with the Comprehensive Plan and the City’s land use regulations. Staff recommends:

A. Variance request to the south rear yard utility easement requirement for Lot 1 (Subdivision Regulations Article IV 40.2.3.B Easements and Utilities) – allow 10 foot U/E.
B. Variance request to the east and west side yard utility easement requirement for Lot 2 (Subdivision Regulations Article IV 40.2.3.B Easements and Utilities) – allow 10 foot U/E.
C. Variance request to the driveway separation requirement (Subdivision Regulations Article IV 40.2.1.R.1 Table 2) – allow minimum 100 foot separation.
D. Preliminary Plat: Staff recommends approval of the Preliminary Plat of Woodmore Addition subject to Technical Issue 1-3 and including the aforementioned variances.

Technical Issues 1-3:

1. Sidewalks will be required as part of any development along Westech Road or Harrison.
2. “Limits-of-no-Access” is requested along the west lot frontage of Lot 1 on Westech Road: 200 feet centerline of Harrison.
3. All Engineering requirements must be met; all drainage plans and public improvement plans must be submitted for approval as required by the City Engineer.

A motion was made by Vice Mayor Stephens, seconded by Commissioner Schrzan, to approve preliminary plat for Woodmore Addition located at Westech Road and Highway 18. Motion carried 7-0.

AYE: Stephens, Schrzan, O’Neal, Mills, Collier, Peterson, Holt
NAY: None

AGENDA ITEM NO. 15: Consider approval of a final plat for Woodmore Addition located at Westech Road and Highway 18. Case #S22-08
(Applicant: Robert Woodmore)

A motion was made by Commissioner Peterson, seconded by Commissioner Holt, to defer final plat for Woodmore Addition until October 6th City Commission meeting. Motion carried 7-0.

AYE: Peterson, Holt, Stephens, Schrzan, O’Neal, Mills, Collier
NAY: None

AGENDA ITEM NO. 16: Consider approval of a final plat for Majestic Dominion located at I-40 and Harrison. Case #S23-08
(Applicant: Majestic Dominion)

This final plat is in general conformance with the Planned Unit Development of Majestic Dominion and the approved Preliminary Plat of Majestic Dominion. The Engineering Department continues to review the drainage, detention pond, and roadway improvement plans.
The developer has indicated an interest in submitting a subdivision improvement bond or other assurance for improvement completion allowed by the Shawnee Subdivision Regulations. The Subdivision Regulations require that such documents must be approved by the City Commission. Staff recommends approval of the Final Plat of Majestic Dominion Addition, Section 1 subject to Technical Issues 1-5:

1. The City Engineer is reviewing the improvement plans for this Final Plat. A performance bond may be required.
2. Sidewalks will be required as per Shawnee Code on Transportation Parkway.
3. The utility easement along the north side of Common Lot A must be extended in some manner to serve Lot 1 of this Final Plat.
4. The utility easements shown outside the Final Plat-along the east and northeast boundary-must be included in this Final Plat. A note must be placed on the face of the Final Plat indicating these easements are part of the Final Plat; the legal description should include these areas in some manner.
5. The name of this Final Plat should include the text “Phase 1” or “Section 1” to indicate this is a phased development.

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Stephens, to approve final plat for Majestic Dominion located at I-40 and Harrison with Technical Issues 1-5. Motion carried 7-0.

AYE: Schrzan, Stephens, O’Neal, Mills, Collier, Peterson, Holt
NAY: None

AGENDA ITEM NO. 17: Presentation on energy audit from Shawna Turner, Sustainable Shawnee President.

A request was made by Jo Davis to remove Shawna Turner’s presentation on energy audit until Ms. Turner requests to be placed on the agenda.

AGENDA ITEM NO. 19: Consider acceptance of Shawnee Municipal Airport Pavement Repair Project (FAA AIP NO. 3-40-0088-009-2005) and placing maintenance bond into effect.

A motion was made by Commissioner Peterson, seconded by Commissioner O’Neal, to approve Shawnee Municipal Airport Pavement Repair Project and placing maintenance bond into effect. Motion carried 7-0.

AYE: Peterson, O’Neal, Mills, Collier, Holt, Stephens, Schrzan
NAY: None

AGENDA ITEM NO. 20: Consider agreement between the City of Shawnee, City of Tecumseh, and the Pottawatomie County Development Authority regarding new Shawnee/Tecumseh water contract.

Commissioner Peterson reported a meeting was held last Friday and meetings will be continuing as some clarification still needs to be made on the agreement. She is hopeful the agreement will be ready to present at the October 6th commission meeting. No action was taken.

AGENDA ITEM NO. 21: New Business (Any matter not known about or which could not have been reasonably foreseen prior to the posting of the agenda)

There was no New Business.

AGENDA ITEM NO. 22: Administrative Reports

City Engineer John Krywicki reported progress on street improvement projects and advised documentation from ODOT had been received in reference to the Kickapoo Street widening project. There are 231 legal instruments regarding the right of way to be perfected and his department will be meeting with the contracted right of way acquisition firm so that work can begin on the preliminaries. It could take six to eight months for the acquisitions to be completed.
Deputy Director of Operations James Bryce reported on use of the landfill at Brooksville and Earlsboro. Beginning October 1, the landfill at Earlsboro will no longer be available but the landfill at Brooksville will be accepting refuse from Shawnee Monday through Friday 8:00 a.m. until 4:00 p.m. and on Saturday until noon. Allied Waste has made this arrangement with Absolute Waste Solution (Brooksville).
Bryce reported the skate park is proceeding as expected and should be completed in early October.
There will be a meeting next Friday with the designer on municipal pool improvements. The budget reflects money for the designer and for a drain problem but not other repairs that are going to be required.
Also, the airport walking track will have concrete poured on the drive through areas rather than asphalt and plans are to increase track width to twelve feet wide.

AGENDA ITEM NO. 23: Commissioners Comments

Commissioner Peterson inquired about storm sirens and Emergency Management Director Don Lynch reported some have been repaired and some may need to be relocated. A test will be conducted Wednesday and he will know more after the test.
Commissioner O’Neal commented the pedestrian light on south Beard Street is being used by students walking to school.
Mayor Mills brought up the topic of an offer made by the Citizen Potawatomi Nation Chairman John “Rocky” Barrett to assist in making south Beard/Gordon Cooper four lane from Farrell to the river bridge. The Mayor asked about the process involved. City Engineer John Krywicki advised he would look at updating cost estimates for this project.
Commissioner Schrzan expressed his thanks to Interim City Manager Phyllis Loftis for her professional attitude during recent events.

AGENDA ITEM NO. 24: Adjournment

There being no further business to be considered, a motion was made by Commissioner Peterson, seconded by Commissioner O’Neal, that the meeting be adjourned. Motion carried 6-1. (8:54 p.m.)

AYE: Peterson, O’Neal, Mills, Collier, Holt, Stephens
NAY: Schrzan





_________________________
CHUCK MILLS,
MAYOR




(SEAL)

ATTEST:

DONNA MAYO,
ACTING CITY CLERK
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