Date: 6/15/2009Board: City CommissionDocumentType: MinutesWeb Posted: 7/7/2009 8:54:22 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
JUNE 15, 2009 AT 6:35 P.M.
IMMEDIATELY FOLLOWING THE SHAWNEE MUNICIPAL AUTHORITY MEETING

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, June 15, 2009 at 6:35 p.m., immediately following the Shawnee Municipal Authority Meeting pursuant to notice duly posted as prescribed by law. Mayor Peterson presided and called the meeting to order. Upon roll call, the following members were in attendance.

Linda Peterson
Mayor

Pam Stephens Frank Sims
Commissioner Ward 1-Vice Mayor Commissioner Ward 2

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4

Absent Carl Holt
Commissioner Ward 5 Commissioner Ward 6

ABSENT: Winterringer

INVOCATION Don Lynch, City of Shawnee
Emergency Management Director

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda:

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to consider Agenda Item No. 12 and 13, Executive Session, after Agenda Item No. 4. Motion carried 6-0.

AYE: Harrod, Sims, Peterson, Collier, Holt, Stephens
NAY: None
AGENDA ITEM NO. 2: Consider approval of Consent Agenda:

a. Minutes from the June 1, 2009 meeting

b. Acknowledge the following reports and minutes:

• Planning Commission minutes from May 6, 2009
• Shawnee Urban Renewal Authority minutes from May 19, 2009
• Project Payment Report May 1-31, 2009
• License Payment Report May 1-31, 2009
• Airport Advisory Board minutes from April 15, 2009
• Sales Tax Collections through June 2009

c. Approve request by Oklahoma Baptist University Authority to re-appoint Mr. C. L. Craig and Mr. Randy L. Smith as trustees of the Authority, terms to expire August 1, 2015.

d. Approve a resolution renewing the lease purchase agreement for the 2004 seventy-five foot aerial firetruck.

e. Approve a resolution requesting bridge inspection responsibility by the local government for compliance with national bridge inspections standards. Bridge inspection contracts for 2009 and 2010.

f. Approve renewal of the following agreements for FY 2009-2010:

1. Independent School District No. 93 for maintenance of tennis courts.
2. Pottawatomie County District Court to establish, develop and implement programs for juvenile misdemeanor offenders.
3. Gordon Cooper Technology Center District No. 5 to provide repaving and repair of public roadways and parking lots used by students, faculty, employees and patrons of GCTC.
4. Project H.E.A.R.T. for operation space and utility services.
5. South Central Industries to provide clean-up of city parks and park restrooms.
6. Agreement for Juvenile Services.
7. Agreement to provide police officers for Shawnee High School and Middle School.
8. Governmental Services contract with the Shawnee Civic and Cultural Development Authority.
9. Animal shelter facility agreement with Town of McLoud.

g. Acknowledge Pioneer Library System annual budget for FY 2009-2010.

h. Acknowledge Shawnee Public Library Board request for Bob Perry to replace Gil Guptill (2nd term expired 6/10/09), term to expire 6/30/12, and Michael Affentranger to replace Garry Souders (resigned), term to expire 6/30/11

i. Accept Municipal Auditorium fire suppression/sprinkler system Project No. COS-PW-07-02

j. Authorize staff to request bids for Airport Terminal building Contract No. COS-PW-09-01

k. Confirm action taken by Shawnee Municipal Authority on SMA Agenda Item No. 4 regarding consideration of approval of a resolution agreeing to file applications with the Oklahoma Water Resources Board (the “OWRB”) for financial assistance through the Drinking Water State Revolving Fund Program, with the loan proceeds being for the purpose of financing water system improvements serving the City of Shawnee, Oklahoma; and containing other provisions related thereto.

l. Lake Site Lease Renewals:
• Lot 9 Magnino A Tract, 17232 Magnino Road
S. Smith and N. Smith

• Lot 1 Magnino Tract, 16500 Archery Range Road
D. Teel

• Lot 10 Magnino A Tract, 17236 Magnino Road
A. Topping

• Lot 5 Green Tract, 32101 Hornbeck Road
R. Bykerk

A motion was made by Commissioner Sims, seconded by Commissioner Collier, to approve Consent Agenda Item No. 2(a-l) as presented. Motion carried 6-0.

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

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

There was no Citizens Participation.

AGENDA ITEM NO. 4: Presentation of contribution made by the City of Shawnee to the Shawnee Community Foundation for the Shawnee Veterans’ Memorial Fund.

A presentation of contribution was made by the City of Shawnee to the Shawnee Community Foundation for the Shawnee Veteran’s Memorial Fund. Those present to accept were: Cecil Johnson, Tom Schrzan, Bill Ford, Angela Liter, Al Wright, and David Boardman.

MAYOR PETERSON ANNOUNCED THAT THE COMMISSION WOULD DEVIATE FROM THE FORMAL AGENDA AND CONSIDER AGENDA ITEM NUMBERS 12 AND 13

AGENDA ITEM NO. 12: Consider an Executive Session to discuss acquisition of real property for Regional Sports Park pursuant to 25 O.S. §307 (B) (3).

A motion was made by Vice Mayor Stephens, seconded by Commissioner Harrod, to enter into executive session to discuss acquisition of real property for Regional Sports Park pursuant to 25 O.S. §307 (B) (3). Motion carried 6-0.

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

CITY COMMISSION NOW IN EXECUTIVE SESSION AT 6:40 P.M. WITH ALL COMMISSIONERS PRESENT

CITY COMMISSION RECONVENED IN REGULAR SESSION AT 7:15 P.M. WITH ALL COMMISSIONERS PRESENT

AGENDA ITEM NO. 13: Consider matters discussed in Executive Session regarding acquisition of real property for Regional Sports Park pursuant to 25 O.S. §307 (B) (3).

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

THE COMMISSION NOW RETURNS TO THE FORMAL AGENDA

AGENDA ITEM NO. 5: Presentation by Shawna Turner representing Sustainable Shawnee.
(Deferred from the June 1, 2009 meeting)

Shawna Turner spoke of the need for a committee to research topics related to projects the commission might be interested in pursuing or needed to pursue requiring considerable research time. This committee could be made up of several different areas of the community. Research could lead to the committee bringing the top options on a particular project back to the commission for their consideration.
After discussion by the commission regarding the structure of the committee, such as appointment of members, terms, responsibilities, and number of members, it was determined the mayor should work with Shawna Turner and others to set the requirements for such a committee. The concept would be brought back to the commission at the next meeting to confirm a committee structure and then work on selection of members.

AGENDA ITEM NO. 6: A public hearing and consideration of approval to rezone property from R-1; Residential, R-3; Multi-Family Dwelling, and C-3; Automotive, Commercial and Recreation to R-3; Multi-family for property located at 1810 N. Harrison. Case #P09-09
(Applicant: Harvey Berk obo Manhattan Management Co.)

Mayor Peterson declared a public hearing in session to rezone property located at 1810 N. Harrison.
Staff report was given and based on the analysis, Staff recommends approval to rezone property to R-3 (multi-family residential) as submitted by applicant.
No others appeared and the hearing was closed.

Ordinance No. 2402NS was introduced and the title read aloud.

ORDINANCE NO. 2402NS 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: A TRACT OF LAND LYING IN THE SOUTHEAST QUARTER (SE/4) OF SECTION SEVEN (7), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA AND FURTHER DESCRIBED AS BEGINNING AT A POINT ON THE EAST LINE OF SAID SOUTHEAST QUARTER (SE/4) 1617.40 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER (SE/4); THENCE WEST 654.90 FEET; THENCE NORTH 464.40 FEET; THENCE EAST 375.00 FEET; THENCE SOUTH 226.80 FEET; THENCE EAST 280.00 FEET TO THE EAST LINE OF SAID SOUTHEAST QUARTER (SE/4); THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 237.60 FEET TO THE POINT OF BEGINNING; REZONING SAID PROPERTY FROM R-1; SINGLE FAMILY RESIDENTIAL, R-3; MULTI-FAMILY DWELLING, AND C-3; AUTOMOTIVE COMMERCIAL AND RECREATION; TO R-3; MULTI-FAMILY DWELLING AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Sims, seconded by Commissioner Collier, that the Title and Ordinance No. 2402NS be approved. Motion carried 6-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2402NS duly passed and adopted.



AGENDA ITEM NO. 7: Consideration of approval of a preliminary plat for Cottage Park located in the 1700 block of North Kickapoo. Case #S04-09
(Applicant: Terry Carty)

The applicant requests preliminary plat approval for a one lot plat that is part of the approved Legacy Park Planned Unit Development (PUD). Utilities are readily available to serve the site. This project will connect to an existing sanitary sewer line to the west. Legacy Park PUD was approved in 2004 and includes three phases. Phase I was completed in 2006 and is developed as an apartment complex for persons aged 62 and older. Phase II has not been developed yet and fronts along Pottenger Street. The subject plat includes the Phase III PUD area and is planned as additional senior housing, consisting of 14 duplex structures (28 dwelling units) that will be retained under single ownership by the developer. The proposed street and utility lines are to be under private ownership and maintenance.
Staff recommends approval of the proposed Cottage Park Preliminary Plat subject to the following (7) conditions:

1. Section 40.2.9 of the Shawnee Subdivision Regulations shall be met. A fire hydrant or other alternative approved by the City shall be located within 300 feet of all planned residences.
2. The final plat shall include a 17-foot right-of-way dedication along Kickapoo Street as shown on the preliminary plat.
3. Sidewalks shall be constructed along Kickapoo Street in accordance with Section 40.2.8 and shall be installed prior to occupancy on each subject lot.
4. Drainage design and construction shall be as approved by the City Engineer.
5. All other requirements of the Shawnee Subdivision Standards shall be met.
6. Concurrent with final plat submittal, the applicant shall provide engineered construction plans and specifications for all required improvements in accordance with Section 60.2 of the Shawnee Subdivision Regulations.
7. A note on the final plat shall state that the lot shall not be subdivided in the future.

A motion was made by Commissioner Harrod, seconded by Commissioner Holt, to approve preliminary plat for Cottage Park located in the 1700 block of North Kickapoo subject to the (7) conditions. Motion carried 6-0.

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



AGENDA ITEM NO. 8: Reconvene public hearing and consider approval of an ordinance adopting the 2006 Edition of the International Property Maintenance Code. (Recessed from May 18, 2009 meeting)

Mayor Peterson reconvened public hearing from May 18, 2009 meeting to consider an ordinance adopting the 2006 Edition of the International Property Maintenance Code.
City Planning Director Justin Erickson gave a brief explanation of the changes made by using the 2006 Edition of the International Property Maintenance Code. These changes take care of inconsistencies on current code and put the City on firmer ground in some of our other ordinances by cleaning up any overlapping entries.
No others came forward to speak and the public hearing was closed.

Ordinance No. 2403NS was introduced and the title read aloud.

ORDINANCE NO. 2403NS ENTITLED “AN ORDINANCE AMENDING SECTION 7-431 OF CHAPTER 7 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA AND ADOPTING BY REFERENCE THERETO THE INTERNATIONAL PROPERTY MAINTENANCE CODE 2006 EDITION.”

A motion was made by Commissioner Harrod, seconded by Vice Mayor Stephens, that the Title and Ordinance No. 2403NS be approved. Motion carried 6-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2403NS duly passed and adopted.

AGENDA ITEM NO. 9: Consideration of approval of agreement between the City of Shawnee and Pottawatomie County for the construction of Patterson Road from Hardesty to 1 ˝ miles north.

A motion was made by Commissioner Sims, seconded by Commissioner Holt, to approve agreement between the City of Shawnee and Pottawatomie County for the construction of Patterson Road from Hardesty to 1 ˝ miles north. Motion carried 6-0.

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

AGENDA ITEM NO. 10: 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. 11: Administrative Reports

Under Administrative Reports, City Engineer John Krywicki reported on the Kickapoo Street project. Letters of offers have been signed on 47 of the 81 parcels. O G & E estimates it will take 120 days to move utilities after notice to proceed.
Planning Director Justin Erickson reported on school land lake properties. The city sub-leases 28 lots controlled by the school land commission. These lots are leased to individuals as a pass through with no additional fees collected by the city to cover any administrative fees, such as inspections. The City of Shawnee’s leases for these properties expire December 31, 2009. It is expected that the State Land Commission will increase the amount of the leases at renewal. The current lease holders would prefer to lease directly from the land commission. This property is in the city limits and would still be required to comply with city ordinances. The City of Shawnee would lose some control but the lake would still be protected.
Commissioner Sims commented septic inspections are done at renewal time so some way to check these would have to be put in place. Also, he would like to look at extending the length of leases on city owned property.
Mr. Erickson advised he will bring more information back at a future meeting, probably in July.
Mike Jackson, Expo Center Operations Manager, reported on a publication, Barrel Horse News, that list the Expo Center as one of 13 destinations for attending barrel racing events. This is a very widely read publication and a great achievement for the Expo Center. He also reported the painting of the “orange building” started today. Entries for the International Finals Youth Rodeo, to be held July 13-18, are up by 70 contestants from last year. They expect a good turnout for the event.

AGENDA ITEM NO. 14: Commissioners Comments

Commissioner Sims announced a T-shirt design contest being held at the library for “Red, White and Blue Celebration”. The winning design will be produced on T-shirts for sale by the Veteran’s groups and all proceeds will go to the Veterans’ Memorial Park. He also reported on a “Summer Social” swim to be held June 23 from 4 to 8 p.m.
Mayor Peterson thanked Carl Holt for representing the City of Shawnee at a VFW Ladies Auxiliary meeting. She also announced the commission representatives to the Regional Park committee are now James Harrod, Frank Sims, and John Winterringer. Commissioner Harrod stated this committee will be meeting again in the next few days.
A Juneteenth celebration dinner will be held on Friday, June 19 at 6:00 p.m.

AGENDA ITEM NO. 15: Adjournment

There being no further business to be considered, a motion was made by
Commissioner Holt, seconded by Commissioner Collier, that the meeting be adjourned. Motion carried 6-0. (8:25 p.m.)

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

LINDA PETERSON, MAYOR



(SEAL)
ATTEST:

DONNA MAYO,
DEPUTY CITY CLERK
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