Date: 11/17/2008Board: City CommissionDocumentType: MinutesWeb Posted: 12/2/2008 9:05:00 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
NOVEMBER 17, 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, November 17, 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 REV. LARRY SPARKS
NEW BEGINNINGS CHURCH

FLAG SALUTE Mayor Mills

AGENDA ITEM NO. 1: Consider approval of Minutes from the November 3, 2008 meeting.

A motion was made by Commissioner Schrzan, seconded by Commissioner
Holt, to approve minutes from the November 3, 2008 meeting. Motion carried 7-0.

AYE: Schrzan, Holt, Stephens, O’Neal, Mills, Collier, Peterson
NAY: None
CITY COMMISSION RECESSED AT 6:36 P.M. TO CONVENE SHAWNEE MUNICIPAL AUTHORITY MEETING AND CONVENE SHAWNEE AIRPORT AUTHORITY MEETING

CITY COMMISSION RECONVENED AT 6:38 P.M. WITH ALL COMMISSIONERS PRESENT

AGENDA ITEM NO. 2: Consider Resolution of Appreciation to Thomas Schrzan, City Commissioner Ward Two of the City of Shawnee.

Resolution No. 6340 was introduced and the title read aloud.

RESOLUTION NO. 6340 ENTITLED “A RESOLUTION EXPRESSING APPRECIATION FOR THE OUTSTANDING SERVICE OF THOMAS SCHRZAN AS CITY COMMISSIONER OF WARD TWO OF THE CITY OF SHAWNEE, OKLAHOMA; PROVIDING THAT SAID RESOLUTION BE SPREAD UPON THE OFFICIAL RECORDS OF THE CITY OF SHAWNEE, OKLAHOMA; AND PROVIDING THAT A COPY HEREOF BE PRESENTED TO SAID THOMAS SCHRZAN.”

A motion was made by Vice Mayor Stephens, seconded by Commissioner Peterson, that the Title and Resolution No. 6340 be approved. Motion carried 7-0.

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

Thereupon Mayor Mills declared Resolution No. 6340 duly passed and adopted.

AGENDA ITEM NO. 3: Consider Resolution of Appreciation to Marva O’Neal, City Commissioner Ward Three of the City of Shawnee.

Resolution No. 6341 was introduced and the title read aloud.

RESOLUTION NO. 6341 ENTITLED “A RESOLUTION EXPRESSING APPRECIATION FOR THE OUTSTANDING SERVICE OF MARVA O’NEAL AS CITY COMMISSIONER OF WARD THREE OF THE CITY OF SHAWNEE, OKLAHOMA; PROVIDING THAT SAID RESOLUTION BE SPREAD UPON THE OFFICIAL RECORDS OF THE CITY OF SHAWNEE, OKLAHOMA; AND PROVIDING THAT A COPY HEREOF BE PRESENTED TO SAID MARVA O’NEAL.”

A motion was made by Commissioner Holt, seconded by Commissioner Collier, that the Title and Resolution No. 6341 be approved. Motion carried 7-0.

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

Thereupon Mayor Mills declared Resolution No. 6341 duly passed and adopted.

AGENDA ITEM NO. 4: Consider Resolution of Appreciation to Chuck Mills, Mayor City of Shawnee.

Resolution No. 6342 was introduced and the title read aloud.

RESOLUTION NO. 6342 ENTITLED “A RESOLUTION EXPRESSING APPRECIATION FOR THE OUTSTANDING SERVICE OF CHUCK MILLS AS MAYOR OF THE CITY OF SHAWNEE, OKLAHOMA; PROVIDING THAT SAID RESOLUTION BE SPREAD UPON THE OFFICIAL RECORDS OF THE CITY OF SHAWNEE, OKLAHOMA; AND PROVIDING THAT A COPY HEREOF BE PRESENTED TO SAID CHUCK MILLS.”

A motion was made by Commissioner Collier, seconded by Commissioner Holt, that the Title and Resolution No. 6342 be approved. Motion carried 7-0.

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

Thereupon Vice-Mayor Stephens declared Resolution No. 6342 duly passed and adopted.

AGENDA ITEM NO. 5: Presentation of Resolutions of Appreciation and plaques to outgoing Mayor Chuck Mills, Commissioner Thomas Schrzan and Commissioner Marva O’Neal.

Mayor Mills presented resolutions and plaques of appreciation on behalf of the City Commission and the citizens of Shawnee in the following order:

Resolution No. 6340 entitled “A resolution expressing appreciation for the outstanding service of Thomas Schrzan as Commissioner of Ward Two of the City of Shawnee, Oklahoma; providing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and providing that a copy hereof be presented to the said Thomas Schrzan.

Resolution No. 6341 entitled “A resolution expressing appreciation for the outstanding service of Marva O’Neal as City Commissioner of Ward Three of the City of Shawnee, Oklahoma; providing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and providing that a copy hereof be presented to the said Marva O’Neal.

Vice Mayor Stephens presented a resolution and plaque of appreciation on behalf of the City Commission and the citizens of Shawnee to Chuck Mills:

Resolution No. 6342 entitled “A resolution expressing appreciation for the outstanding service of Chuck Mills as Mayor of the City of Shawnee, Oklahoma; providing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and providing that a copy hereof be presented to the said Chuck Mills.

Resolution No.’s 6340, 6341, and 6342 were unanimously approved and adopted.

AGENDA ITEM NO. 6: Swearing in of Mayor and Commissioners by Municipal Judge Robert H. Jones and presentation of Certificates of Election.

Municipal Judge Robert H. Jones conducted a swearing-in ceremony and administered Oaths of Office to the following individuals: Frank Sims, Commissioner Ward 2; James Harrod, Commissioner Ward 3; Billy Collier, Commissioner Ward 4; and Linda Peterson, Mayor.

CITY COMMISSION NOW RECESSED AT 6:50 P.M. FOR A RECEPTION HONORING THE OUTGOING AND INCOMING COMMISSIONERS

CITY COMMISSION NOW RECONVENED AT 7:10 P.M. WITH ALL CITY COMMISSIONERS PRESENT

AGENDA ITEM NO. 7: Consider approval of Agenda

A motion was made by Commissioner Holt, seconded by Commissioner Sims, to approve Agenda. Motion carried 6-0.

AYE: Holt, Sims, Harrod, Peterson, Collier, Stephens
NAY: None

AGENDA ITEM NO. 8: Consider approval of Consent Agenda:

a. Acknowledge the following reports and minutes:

• Shawnee Beautification Committee meeting minutes of October 6, 2008

• Planning Commission meeting minutes of September 3, 2008

• Shawnee Urban Renewal Authority minutes of October 7, 2008

• Licenses Payment report October 1 through October 31, 2008

• Project Payment report October 1 through October 31, 2008

• Sales Tax Report through November 2008

b. Approve Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for James Taylor.

c. Approve Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Herman Smith, Jr.

d. Acknowledge Pottawatomie County Election Board Certification of Election results for Mayor and Ward 2 from the November 4, 2008 General Election.

e. Mayor’s appointment of Frank Sims to the Shawnee Economic Development Foundation to replace Chuck Mills.

A motion was made by Commissioner Collier, seconded by Commissioner Harrod, to approve the Consent Agenda Item No. 8(a-e) as presented. Motion carried 6-0.

AYE: Collier, Harrod, Peterson, Holt, Stephens, Sims
NAY: None

AGENDA ITEM NO. 9: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)

Tom Smith, representing a veteran group, thanked the City Commission for last meeting approving a $50,000 commitment to the Veteran’s Memorial Park. He also made a request to have the monies left from the Centennial Celebration fund raising project donated to the Veteran’s Memorial Park.

AGENDA ITEM NO. 10: Presentation by Interim City Manager to Employee of the Month, Bricen Mohr of the Shawnee Police Department.

Interim City Manager presented a plaque and gift certificate to Bricen Mohr, Shawnee Police Department, as the November employee of the month, in recognition of his excellent service and 14 years of dedication to the City of Shawnee.

AGENDA ITEM NO. 11: Consideration and possible action to enter into an Executive Session to discuss pending litigation entitled Blaco Construction, LLC vs. City of Shawnee, et al, Case Number CJ-08-165 District Court, Pottawatomie County, Oklahoma, pursuant to 25 O.S. §307 (B)(4) on recommendation of counsel.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, for the Commission to go into Executive Session to discuss pending litigation entitled Blaco Construction, LLC vs. City of Shawnee. Motion carried 6-0.

AYE: Harrod, Collier, Holt, Stephens, Sims, Peterson
NAY: None
CITY COMMISSION NOW IN EXECUTIVE SESSION AT 7:18 P.M. WITH ALL COMMISSIONERS PRESENT.

CITY COMMISSION RECONVENED IN REGULAR SESSION AT 8:12 P.M. WITH ALL COMMISSIONERS PRESENT.

AGENDA ITEM NO. 12: Consider matters discussed in Executive Session regarding pending litigation entitled Blaco Construction, LLC vs. City of Shawnee, et al Case Number CJ-08-165 District Court, Pottawatomie County, Oklahoma, pursuant to 25 O.S. §307 (B)(4) on recommendation of counsel.

Executive Session informational only, no action was taken at this time.

AGENDA ITEM NO. 13: Public hearing and consider approval to rezone property at 1318 E. Independence from A-1: Agricultural to C-2; Suburban Office. (Applicant: Douglas Combs) Case #P32-08

Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property at 1318 E. Independence.
Mayor Peterson asked if any person wished to speak in favor of or in protest of the rezoning.
Staff report was given and it was noted that the applicants request is to allow for office uses in an existing structure that is utilized as a dance studio/school. The property is currently zoned A-1 and has been used for a non-residential purpose for over 25 years. The applicant is proposing a classification of C-2 (Suburban Office), should he wish to discontinue the dance school. This area is well defined and physically contained and approval of this rezone will have no apparent impact on the surrounding neighborhood. No interior or exterior modification of the site or structure is proposed at this time and the applicant has not indicated any plans to discontinue the existing use. Staff recommends approval to rezone the property from A-1; Agricultural, to C-2; Suburban Office.

No others appeared and the public hearing was closed.

Ordinance No. 2376NS was introduced and the title read aloud.

ORDINANCE NO. 2376NS 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 THE SOUTHWEST CORNER OF LOT EIGHT (8), BRADLEY’S SECOND ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE EAST 135 FEET; THENCE NORTH 208.6 FEET; THENCE WEST 135 FEET; THENCE SOUTH 208.6 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO C-2; SUBURBAN OFFICE; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, that the Title and Ordinance No. 2376NS be approved. Motion carried 6-0.

AYE: Harrod, Sims, Peterson, Collier, Holt, Stephens
NAY: None

Thereupon Mayor Peterson declared Ordinance No. 2376NS duly passed and adopted.

AGENDA ITEM NO. 14: Public hearing and consider approval of a Conditional Use Permit to allow for a stadium, arena or similar facility in C-4; Central Business District, for property located at 110 West Main. (Applicant: Traci and Damion Westbrook) Case #P33-08

Mayor Peterson declared a public hearing in session to consider a Conditional Use Permit for property located at 110 West Main.
Mayor Peterson asked if any person wished to appear in favor of or in protest of the permit.
Traci Westbrook, applicant, stated they plan to be in compliance at all times or not be open.
Staff report was given and it was noted approval is recommended subject to the following four (4) conditions:

1. No alcohol sales
2. Obtain Certificate of Occupancy, all necessary approvals from Fire Marshall & all business licenses.
3. Minimum of 4 in house security personnel
4. Staff review in 12 months & report back to PC

Commissioner Holt wanted the personnel shirts to say “staff” not security. No others appeared and the public hearing was closed.

Ordinance No. 2377NS was introduced and the title read aloud.

ORDINANCE NO. 2377NS 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: LOTS THIRTEEN (13), FOURTEEN (14), FIFTEEN (15), BLOCK TWENTY-THREE (23), 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 TO ALLOW FOR A STADIUM, ARENA OR SIMILAR FACILITY; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Holt, seconded by Commissioner Sims, that the Title and Ordinance No. 2377NS be approved. Motion carried 5-1.

AYE: Holt, Sims, Peterson, Collier, Stephens
NAY: Harrod

Thereupon Mayor Peterson declared Ordinance No. 2377NS duly passed and adopted.

AGENDA ITEM NO. 15: Public hearing and consider approval of a Conditional Use Permit in C-1; Neighborhood Commercial district to allow for a Tattoo Studio for property located at 330 W. MacArthur, Suite C. (Applicant: Kelly and Stephanie Stafford) Case #P35-08

Mayor Peterson declared a public hearing in session to consider an ordinance approving a Conditional Use Permit for property located at 330 W. MacArthur, Suite C.
Mayor Peterson asked if any person wished to appear in favor of or in protest of the permit.
Staff report was given and it was noted that the applicants operate an existing tattoo studio at 1506 N. Harrisons Street that they will relocate to the subject location. A variety of office and retail uses surround the property and the proposed use is consistent with the scope and level of intensity of adjacent and nearby uses. The existing utilities at the site are adequate to serve the use. Staff recommends approval to operate a tattoo parlor/studio.

No others appeared and the public hearing was closed.

Ordinance No. 2378NS was introduced and read aloud.

ORDINANCE NO. 2378NS 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 DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF BLOCK FIVE (5), WYANT’S FIRST ADDITION, TO THE CITY OF SHAWNEE; THENCE EAST 100 FEET; THENCE NORTH 151 FEET; THENCE WEST 100 FEET; THENCE SOUTH 151 FEET TO THE POINT OF BEGINNING, ACCORDING TO THE RECORDED PLAT THEREOF, LESS AND EXCEPT THE SOUTH 7.0 FEET THEREOF TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY; OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM C-1; NEIGHBORHOOD COMMERCIALTO C-1P; NEIGHBORHOOD COMMERCIAL WITH CONDITIONAL USE PERMIT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Collier, seconded by Commissioner Holt, that the Title and Ordinance No. 2378NS be approved. Motion carried 6-0.

AYE: Collier, Holt, Stephens, Sims, Harrod, Peterson
NAY: None

Thereupon Mayor Peterson declared Ordinance No. 2378NS duly passed and adopted.

AGENDA ITEM NO. 16: Public hearing and consider approval to rezone property from R-3P; Multi-Family Residential with a Conditional Use Permit to allow for a day care to C-2; Suburban Office with a Conditional Use Permit to allow for a day care for property located at 1402 E. Independence. (Applicant: Mehdi Azimi) Case #P37-08

Mayor Peterson declared a public hearing in session to consider rezoning property located at 1402 E. Independence for a day care.
Mayor Peterson asked if any person wished to speak in favor of or in protest of the rezoning.
The report noted that the applicant is requesting to rezone to allow for suburban office uses in an existing structure that is presently utilized as an early learning/childcare center and was previously used as a nursing home. The property is currently zoned R-3 and the applicant is proposing a classification of the existing childcare/learning center. Staff recommends rezoning property from R-3 to C-2 with the granting of a conditional use permit for a childcare center.

No others appeared and the public hearing was closed.

Ordinance No. 2379NS was introduced and the title read aloud.

ORDINANCE NO. 2379NS 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 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 R-3P: MULTI-FAMILY WITH A CONDITIONAL USE PERMIT TO C-2P; SUBURBAN OFFICE WITH A CONDITIONAL USE PERMIT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Harrod, seconded by Vice Mayor Stephens, that the Title and Ordinance No. 2379NS be approved.

Motion carried 6-0.

AYE: Harrod, Stephens, Sims, Peterson, Collier, Holt
NAY: None

Thereupon Mayor Peterson declared Ordinance No. 2379NS duly passed and adopted.

AGENDA ITEM NO. 17: Public hearing and consider approval to rezone property from A-1; Agricultural and C-2; Suburban Office to a Planned Unit Development with C-2; Suburban Office zoning classification for property located at the NW corner of MacArthur and Kethley. (Applicant: Mass Architects Inc obo Unity Health Center) Case #P36-08

Mayor Peterson declared a public hearing in session to approve ordinance to rezone property located at the NW corner of MacArthur and Kethley.
Mayor Peterson asked if any person wished to appear in favor of or in protest of the rezoning.
The applicant requests approval of the following applications:

1. Planned Unit Development
2. Preliminary Plat
3. Final Plat

The proposed project includes a planned medical plaza and is located just north of MacArthur Street and West of Kethley Road. The subject site is located directly adjacent to the existing Unity Health Center campus and surgery center. Total project size is 37 acres, with 12.2 acres included in the final plat or first phase. The subject property is currently zoned C-2 and A-1. The applicant proposes medical-related uses for each of the lots, consistent with C-2 zoning. The applicant has submitted both a Master Development Plan Map and a Design Statement. The Design Statement discusses the overall concept and notes that the proposed medical campus will include physician offices, outpatient services, a pharmacy and other incidental services.
Staff recommends approval with variances included which are:

1. Allowance for a private street network to serve the site and allowance for those lots to front upon said private street;
2. Setback requirements for lots 1-2 (Block 3) in the southwest corner of the site (note access will not be from MacArthur Street);
3. Rather than apply the 30% coverage ratio for each lot, the coverage ratio will be applied across the entire 37-acre development;
4. Reduction of the 20-foot easement along the west property line to 15-feet; and
5. Elimination of the requirement that private roads have 20-foot public utility easements along one side of the road; and
6. Shared parking will be permitted.

No others appeared and the public hearing was closed.

Ordinance No. 2380NS was introduced and the title read aloud.

ORDINANCE NO. 2380NS 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 DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW/4) OF SECTION ONE (1), TOWNSHIP TEN (10) NORTH RANGE THREE (3) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE N89º15’44”W A DISTANCE OF 365.96 FEET; THENCE N00º40’30”E A DISTANCE OF 33.00 FEET TO THE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING N00º40’30”E A DISTANCE OF 2621.87 FEET TO THE NORTH LINE OF SAID NORTHWEST QUARTER (NW/4); THENCE S89º18’41”E A DISTANCE OF 661.00 FEET; THENCE S00º44’26”W ON THE EAST LINE OF SAID SOUTHWEST QUARTER (SW/4) A DISTANCE OF 2312.44 FEET; THENCE S00º44’26W A DISTANCE OF 310.00 FEET; THENCE N89º15’44”W A DISTANCE 282.08 FEET TO THE POINT OF BEGINNING, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL AND C-2; SUBURBAN OFFICE TO P.U.D.; PLANNED UNIT DEVELOPMENT PUD – LAND USES CONSISTENT WITH C-2; SUBURBAN OFFICE ZONING AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Vice Mayor Stephens, seconded by Commissioner Harrod, that the Title and Ordinance No. 2380NS be approved. Motion carried 6-0.

AYE: Stephens, Harrod, Peterson Collier, Holt, Sims
NAY: None

Thereupon Mayor Peterson declared Ordinance No. 2380NS duly passed and adopted.
AGENDA ITEM NO. 18: Consider approval of a preliminary plat for Unity Park Addition located at NW corner of MacArthur and Kethley. (Applicant: Mass Architects Inc obo Unity Health Center) Case #S24-08

The applicant is requesting preliminary plat approval for a total of 25 buildable lots on approximately 37 acres. Staff recommends approval of the Unity Medical Plaza PUD and associated preliminary and final plats and all applicable deviations as noted in the Unity Medical Plaza PUD Design Statement, subject to the following conditions:

1. A final revised PUD Master Plan and Design Statement shall be submitted and signed in accordance with Section 1101.12(B) of the Shawnee Zoning Code prior to filing of the final plat.
2. Recorded access agreements for each lot shall be submitted to the City concurrent with each building permit submittal in those cases where the parking standards cannot be met onsite.
3. The FAA Restricted Airspace setback/building line that encroaches upon the northwest portion shall be shown on a revised preliminary plat and subsequent final plats.
4. Prior to filing the final plat, the applicant shall commence with making the required site improvements in accordance with construction plans approved by the City. In lieu of completion of all improvements prior to final plat recording, the applicant may post a bond or other surety in accordance with Section 70.3 of the Shawnee Subdivision Regulations.
5. Sidewalks along Kethley Road and MacArthur Street shall be constructed in accordance with City standards and shall be installed prior to occupancy permits being issued for each subject lot.
6. All other applicable City standards apply.

A motion was made by Commissioner Harrod, seconded by Commissioner Holt, to approve the preliminary plat for Unity Park Addition located at NW corner of MacArthur and Kethley. Motion carried 6-0.

AYE: Harrod, Holt, Stephens, Sims, Peterson, Collier
NAY: None

AGENDA ITEM NO. 19: Consider a final plat for Unity Park Addition located at the NW corner of MacArthur and Kethley. (Applicant: Mass Architects Inc obo Unity Health Center) Case #S25-08

A motion was made by Commissioner Sims, seconded by Commissioner Collier, to approve final plat for Unity Park Addition located at the NW corner of MacArthur and Kethley.


Motion carried 6-0.

AYE: Sims, Collier, Holt, Stephens, Harrod, Peterson
NAY: None

AGENDA ITEM NO. 20: Consider an ordinance creating a new law prohibiting abandoning animals in public or private places.

Ordinance No. 2381NS was introduced and the title read aloud.

ORDINANCE NO. 2381NS ENTITLED “AN ORDINANCE RELATING TO ABANDONING ANIMALS IN THE CITY OF SHAWNEE; CREATING A NEW SECTION OF LAW TO BE CODIFIED AT SECTION 5-17, ARTICLE I OF CHAPTER 5 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; MAKING IT ILLEGAL TO ABANDON ANIMALS IN A PUBLIC OR PRIVATE PLACE; PROVIDING FOR SEVERABILITY AND DECLARING AND EMERGENCY.”

A motion was made by Commissioner Sims, seconded by Commissioner Collier, that the Title and Ordinance No. 2381NS be approved. Motion carried 6-0.

AYE: Sims, Collier, Holt, Stephens, Harrod, Peterson
NAY: None

Section 3, the emergency clause, was not considered.

Thereupon Mayor Peterson declared Ordinance No. 2381NS duly passed and adopted.

AGENDA ITEM NO. 21: Discuss and consider various regional park locations and assigning responsibility for negotiation to the city staff.

Commissioner Harrod suggested staff begin to find alternate locations for the regional sports park and begin negotiations for trade or purchase of the property. His suggestions included school land, St. Gregory property, Dockrey property adjacent to Shawnee Mall, or somewhere visible from Interstate 40 or visible from State Highway 177.
Commissioner Holt suggested a committee including staff, soccer and baseball organizations, and others.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to form a sports park committee to work with staff to investigate alternative locations for the sports park and bring the committee structure back before the commission at the next meeting. Motion carried. 6-0

AYE: Harrod, Collier, Holt, Stephens, Sims, Peterson
NAY: None

AGENDA ITEM NO. 22: Committee report on city manager application review with commission discussion and possible action relating to said report.

Vice Mayor Stephens reported that the committee was still conducting background checks on the five applicants and interviews may be done by video conference; and Mayor Peterson stepped down from the committee since Commissioner Harrod has been officially sworn in making it a quorum.

AGENDA ITEM NO. 23: Discuss and consider hiring executive search firm to assist in finalizing the selection of a new city manager.

Commissioner Harrod feels an executive firm is needed to make inquires that the Human Relations Department could not legally make. He also thinks this is what the special meeting for input from the public brought to the commission.
Vice-Mayor Stephens commented her understanding was new applicants could not be taken without re-advertising for the position. However, she thought an executive search firm could take the applicants narrowed down by the committee and do a more intense background.
Mayor Peterson suggested the committee contact an executive search firm and inquire about the cost for additional research on the applicants the committee has now.
Commissioner Holt reminded everyone that Chell Consulting had offered their services for expenses only with no additional fees.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to authorize committee to continue with pre-established work and investigate any additional assistance they may need and the cost for that service.
Motion carried 6-0.

AYE: Harrod, Collier, Holt, Stephens, Sims, Peterson
NAY: None

AGENDA ITEM NO. 24: Consider declaring a vacancy in Ward 5 of the City Commission and discuss City Commission Policy No. 10 regarding the procedure for filling the vacancy.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to declare a vacancy in Ward Five (5) of the City Commission and begin the procedure in accordance with City Commission Policy No. 10 for filling the vacancy. Motion carried 6-0.

AYE: Harrod, Sims, Peterson, Collier, Holt, Stephens
NAY: None

AGENDA ITEM NO. 25: Discuss and consider a date for a commission workshop to establish priorities and goals for the city commission.

After discussion by commissioners, it was decided that the timing for a workshop should wait until a new commissioner is seated for Ward 5.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to defer considering a date for a commission workshop to establish priorities and goals for the city commission to January 5, 2009 City Commission meeting. Motion carried 6-0.

AYE: Harrod, Collier, Holt, Stephens, Sims, Peterson
NAY: None

AGENDA ITEM NO. 26: 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. 27: Administrative Reports

Jim Bierd, Utilities Director, reported there would be a notice sent out with the water billing concerning the THM’s, again. This report is based on an annual running average. The numbers are very much in compliance now and the large number causing the report will drop off. This should be the last time the notice is necessary. The use of chloramines has taken care of the former problems.
Phyllis Loftis, Interim City Manager, reported the Police Chief position has been advertised in-house and two viable candidates have applied. Interviews will be conducted tomorrow and an announcement of the appointment of the new Police Chief should be made later this week. The decision will then will brought to the next commission meeting for acknowledgement.
Ms. Loftis, also, announced the economic problems are now showing up in the City of Shawnee. Sales tax collectives are down from the projected amount and we have no way of knowing if this will continue. The management team will be looking at the current year budget to see if there is any way to slow down spending until we see how the sales tax trend continues. She is also asking departments to wait on purchases that could be held over for the next budget year.

AGENDA ITEM NO. 28: Commissioners Comments

Vice-Mayor Stephens welcomed the new members to the commission.
Mayor Peterson thanked the commission for working out items on the agenda this meeting and continuing discussion to work together.
Commissioner Harrod inquired about year ending June 08 fund balance. He also appreciated the support and understanding from the other commissioners on the agenda items he had placed on this agenda.
Mayor Peterson then requested the finance department investigate the Centennial funds Tom Smith had requested for the Veterans Memorial Park.

AGENDA ITEM NO. 29: Adjournment

There being no further business to be considered, a motion was made by Commissioner Harrod, seconded by Vice Mayor Stephens, that the meeting be adjourned. Motion carried 6-0. (9:40 p.m.)

AYE: Harrod, Stephens, Sims, Peterson, Collier, Holt
NAY: None




LINDA PETERSON, MAYOR
(SEAL)

ATTEST:

DONNA MAYO,
ACTING CITY CLERK



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