Date: 9/8/2009Board: City CommissionDocumentType: MinutesWeb Posted: 9/22/2009 9:08:45 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
SEPTEMBER 8, 2009 AT 6:30 P.M.


The Board of City Commissioners of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in Regular Session in the Commission Chambers at City Hall, 9th and Broadway, Shawnee, Oklahoma, Tuesday, September 8, 2009 at 6:30 p.m., 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

John Winterringer Carl Holt
Commissioner Ward 5 Commissioner Ward 6

ABSENT:

INVOCATION REV. LARRY SPARKS NEW BEGINNINGS
FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda:

Commissioner Harrod requested that Agenda Item No. 11, renewal of lease with the State Commissioners of the Land Office for property around Shawnee Lake, be moved to be considered before Agenda Item No. 10; and Agenda Item No. 15 &16, Executive Session concerning Alan Borcherding v. City of Shawnee, be considered after Agenda Item No. 5, and before Agenda Item No. 6.

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to approve Agenda with the noted changes.

Motion carried 7-0.

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

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

a. Minutes from the August 17, 2009 meetings

b. Appropriation of Beginning Fund Balance Drug Forfeiture Fund 113

c. Appropriation of Beginning Fund Balance E 911 Fund 102

d. Acknowledge the following reports and minutes:

• Shawnee Public Library Advisory Board minutes from January 13, 2009
• Shawnee Civic and Cultural Development Authority minutes from July 16, 2009
• Shawnee Urban Renewal Authority minutes from August 4, 2009
• Planning Commission minutes from August 5, 2009
• License Payment Report for August 2009
• Project Payment Report for August 2009

e. Authorize staff to advertise for bids on mowing of rank weeds and grass and debris removal.

f. Authorize staff to advertise for sewer line repairs located at 1531 N. Market and 700 N. Tucker Streets.

g. Acknowledge receipt of DEQ Permit No. SL000063090096 for Unity Medical Plaza Addition Sanitary Sewer Line Extension S-20590

h. Acknowledge receipt of DEQ Permit No. WL000063090095 for Unity Medical Plaza Addition Water Line Extension Facility No. 1020504

i. Approve Memorandum of Understanding with District Attorney’s Office regarding victims of domestic violence and sexual assault.

j. Approve Worker’s Compensation settlement to Carolyn Flynn.

Before voting on the Consent Agenda, Commissioner Winterringer requested Consent Agenda Item No. 2(j), be pulled for separate consideration.

A motion was made by Commissioner Holt, seconded by Commissioner Collier, to approve Consent Agenda Item No. 2 (a-i), less (j), as presented. Motion carried 7-0.

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

In consideration of Consent Agenda Item No. 2(j), Worker’s Compensation settlement to Carolyn Flynn, Commissioner Winterringer questioned as to why the amount of $40,088.62 was to be paid. Safety Officer Terry Cook responded that the case was lost on appeal and it has been Court ordered.

A motion was made Commissioner Winterringer, seconded by Commissioner Harrod, to approve Consent Agenda Item No. 2(j). Motion carried 7-0.

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

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

Regarding Agenda Item No. 12, consideration of an ordinance increasing City of Shawnee water rates, the following persons spoke in opposition:
1. Jim Antosh
2. Ron Stravlo
3. Scott Baird
4. Nyana Howard
5. Chartina Hammock
6. Rikk Rogers
7. Kerry Nanaeto
8. Dan Reid
9. Leo Burns

Regarding renewal of the lease with the State Commissioners of the Land Office for property around Shawnee Lake, the following persons spoke in favor of allowing the lease to expire:

1. Joe Rostochil
2. Julie Akerman
3. Annette Stucky

The following person spoke in favor of the City renewing the lease with the Commissioners of the Land Office:

1. Linda Agee

AGENDA ITEM NO. 4: Mayor’s Proclamation of September as “Preparedness Month”.

“Preparedness Month”
(accepted by Don Lynch, Emergency Management Director)

AGENDA ITEM NO. 5: City Manager’s presentation of Employee of the Month to Kim Penwell, Police Department Dispatcher.

City Manager Brian McDougal presented a plague and certificate to Kim Penwell, Police Department Dispatcher, as the September employee of the month, in recognition of her excellent service and dedication to the City of Shawnee.
Ms Penwell was present to accept.

MAYOR PETERSON ANNOUNCED THAT THE COUNCIL WILL DEVIATE FROM THE REGULAR AGENDA AND CONSIDER AGENDA ITEM NO. 15 & 16

AGENDA ITEM NO. 15: Consideration and possible action to enter into executive session for confidential communications with legal counsel regarding the pending matters of Alan Borcherding v. City of Shawnee, Case No. CIV-08-1171-R, United States District Court for the Western District of Oklahoma and Alan Borcherding v. City of Shawnee Police Department, WCC# 2008-06364-K, Oklahoma Workers’ Compensation Court, including discussion of current status of each claim and legal representation of each claim upon the advice of legal counsel that public disclosure would seriously impair the ability of the public body to process the pending claims in the public interest all as authorized by 25 O.S. Section 307(B)(4).

A motion was made by Vice Mayor Stephens, seconded by Commissioner Harrod, to enter into executive session to consider confidential communications with legal counsel regarding the pending matters of Alan Borcherding v. City of Shawnee, Case No. CIV-08-1171-R, United States District Court for the Western District of Oklahoma and Alan Borcherding v. City of Shawnee Police Department, WCC# 2008-06364-K, Oklahoma Workers’ Compensation Court as authorized by 25 O.S. §307(B)(4). Motion carried 7-0.

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

CITY COMMISSION NOW IN EXECUTIVE SESSION AT 7:17 P.M. WITH ALL COMMISSIONERS PRESENT.

CITY COMMISSION RECONVENED IN REGULAR SESSION AT 7:53 WITH ALL COMMISSIONERS PRESENT.

AGENDA ITEM NO. 16: Consideration and possible action on items discussed in executive session.

A motion was made by Commissioner Harrod, seconded by Vice Mayor Stephens, to authorize the City Manager to execute such documents as may be necessary to complete a settlement of all pending claims by Alan Kent Borcherding against the City of Shawnee, including all workers compensation and federal claims, and that we authorize the City Manager to direct the payment of any remaining back wages and benefits to Mr. Borcherding as contemplated by the settlement. Motion carried 7-0.

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

THE COMMISSION NOW RETURNS TO THE FORMAL AGENDA

AGENDA ITEM NO. 6: Discuss and consider an ordinance creating the Citizens’ Advisory Committee on Sustainability, establishing the composition, terms, rules, compensation, duties and responsibilities of the committee.

Community Development Director Justin Erickson addressed this ordinance and answered questions from the Commission. Mr. Erickson pointed out some changes that have been added to the proposed ordinance since the last public discussion of this item. It was stressed that the Citizens’ Advisory Committee on Sustainability will address sustainability issues as directed by the City Commission. It was noted that the number of advisory members has been reduced to seven, from fifteen, and anyone wishing to be on this advisory board will need to complete an application and provide to the City Clerk’s office. The Mayor, along with Commissioner input, will make the appointments to the Board.
A motion was made by Vice Mayor Stephens, seconded by Commissioner Winterringer, that the Citizens’ Advisory Committee on Sustainability be formed and will serve at the pleasure of the City Commission; further, the Citizens’ Advisory Committee on Sustainability will automatically expire at the last City Commission meeting of the fiscal year, unless otherwise renewed.

Ordinance No. 2406NS was introduced and read aloud.

ORDINANCE NO. 2406NS ENTITLED “AN ORDINANCE RELATING TO PLANNING AND DEVELOPMENT; CREATING A NEW ARTICLE IV OF CHAPTER 22 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; ESTABLISHING THE CITIZENS’ ADVISORY COMMITTEE ON SUSTAINABILITY; CREATING NEW SECTIONS OF LAW TO BE CODIFIED AT SECTIONS 22-71, 22-72, 22-73, 22-74, 22-75 AND 22-76 OF ARTICLE IV OF CHAPTER 22 OF THE CODE OF THE CITY OF SHAWNEE; ESTABLISHING THE COMPOSITION, TERMS, RULES, COMPENSATION, DUTIES AND RESPONSIBILITIES OF THE CITIZENS ADVISORY COMMITTEE ON SUSTAINABILITY; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”


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

A motion was made by Commissioner Collier, seconded by Commissioner Sims, that Section 10, the emergency clause, be approved. Motion carried 7-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2406NS duly passed and adopted.

AGENDA ITEM NO. 7: Public hearing and consider an ordinance to rezone property from A-1; Agricultural to C-2; Suburban Office for property located at 4009 N. Kickapoo. Case #P14-09 (Applicant: Richard N. Jones)

Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property located at 4009 N. Kickapoo from A-1; Agricultural to C-2; Suburban Office.
Mayor Peterson asked if any person wished to appear in favor of or in protest of the rezoning.
Community Development Director Justin Erickson gave staff report noting that the subject property located at 4009 N. Kickapoo is currently zoned A-1 (Agriculture). Rezoning the subject site to allow conversion of the existing residence into a Suburban Office use is consistent with the neighborhood commercial zone C-2. The west side of Kickapoo is shown as commercial from Penny Street to 45th Street and the east side is very similar in form and function. It is Staff’s recommendation that the subject property should be classified as C-2 (Suburban Office Commercial) in the Shawnee Comprehensive Plan and be approved.
No others appeared and the public hearing was closed.

Ordinance No. 2407NS was introduced and read aloud.

ORDINANCE NO. 2407NS ENTITLED “AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED: A TRACT OF LAND DESCRIBED AS BEGINNING AT A POINT 115 FEET NORTH AND 33 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW/4 NW/4) OF SECTION SIX (6), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN; THENCE NORTH 125 FEET; THENCE EAST 175 FEET; THENCE SOUTH 124 FEET; THENCE WEST 175 FEET TO THE POINT OF BEGINNING. TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, ACCORDING TO THE RE-CORDED PLAT THEREOF, REZONING 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 Holt, that the Title and Ordinance No. 2407NS be approved. Motion carried 7-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2407NS duly passed and adopted.

AGENDA ITEM NO. 8: Public hearing and consider an ordinance to rezone property from I-2; Light Industrial to C-3; Automotive, Commercial and Recreation for property located at 1301 N. Kennedy. Case #P15-09 (Applicant: Rising Star Gymnastics)

Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property located at 1301 N. Kennedy from I-2; Light Industrial to C-3; Automotive Commercial and Recreation.
Mayor Peterson asked if anyone wished to appear in favor of or in protest of the rezone.
Staff report was given and it was noted that the property at 1301 N Kennedy is currently zoned I-2 (Light Industrial). It is proposed that the subject site be zoned C-3 to allow conversion of the existing use (warehouse) into a gymnastics studio. A gymnastics facility requires a large open warehouse building and the existing structure is ideally suited for such a use. Based on the analysis, Staff recommends approval of the request to rezone the subject property from I-2 to C-3.
No others appeared and the public hearing was closed.

Ordinance No. 2408NS was introduced and read aloud.

ORDINANCE NO. 2408NS ENTITLED “AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED: THE WEST 5.65 FEET OF LOT FIFTEEN (15), AND ALL OF LOTS SIXTEEN (16), SEVENTEEN (17) AND EIGHTEEN (18), BLOCK TWO (2), SHAWNEE INDUSTRIAL PARK ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING FROM I-2; LIGHT INDUSTRIAL TO C-3AUTOMOTIVE, COMMERCIAL AND RECREATION; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Vice Mayor Stephens, seconded by Commissioner Collier, that the Title and Ordinance No. 2408NS be approved. Motion carried 7-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2408NS duly passed and adopted.

AGENDA ITEM NO. 9: Public hearing and consider an ordinance to amend the City of Shawnee Zoning Code relating to residential use in C-4 zone; Central Downtown District, which would clarify allowable residential uses and provide for residential development as a principal use outside of the core downtown area.

Mayor Peterson declared a public hearing in session to consider an ordinance to amend the City of Shawnee Zoning Code relating to residential use in C-4 zone; Central Downtown District, which would clarify allowable residential uses and provide for residential development as a principal use outside of the core downtown area.
Community Development Director Justin Erickson gave the report noting that the ordinance would be promoting residential living downtown. Also included is upper story apartments and flats above commercial activity; parking lots shall be located to the side and/or back of buildings.
None opposed and the public hearing was closed.

Ordinance No. 2409NS was introduced and read aloud.

ORDINANCE NO. 2409NS ENTITLED “AN ORDINANCE RELATING TO RESIDENTIAL USES IN DOWNTOWN SHAWNEE, AMENDING THE SHAWNEE ZONING CODE, ARTICLE VI, SECTION 601 – COMMERCIAL USES, AND ARTICLE VI, SECTION 605 – CENTRAL BUSINESS DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY.”

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, that the Title and Ordinance No. 2409NS be approved. Motion carried 7-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2409NS duly passed and adopted.

MAYOR PETERSON ANNOUNCED AGENDA ITEM NO. 11 WILL NOW BE CONSIDERED

AGENDA ITEM NO. 11: Consider renewal of lease with the State Commissioners of the Land Office for property around Shawnee Lake.

Community Development Director Justin Erickson addressed this item stating that The Commissioners of the Land Office have agreed to sign a Memorandum of Understanding stating that they will not develop any additional lots for two years. Mr. Erickson said that although the state would have the right after that period, he does not think it would ever act to increase density. The City would still maintain oversight and would be able to protect the watershed. It is staff’s recommendation not to renew the lease with the Commissioners of the Land Office and allow the current school land leaseholders to lease directly from the State.
Commissioner Harrod disagreed with staff’s recommendation and stated that he has an obligation to the rest of Shawnee’s water consumers to protect the watershed at the lake.
Commissioner Sims pointed out that three attorneys had offered opinions regarding this situation. All had reviewed the proposed lease prepared for the lake residents and had all felt there was no problem with allowing the leaseholders to lease directly. Commissioner Sims asked the Commission to consider the attorneys’ opinions, staff’s opinion and the request of the leaseholders living on school land.
Commissioner Holt pointed out that the City has become just a “collection agency” in this situation.
It was noted that the current lease includes 360 acres, although this includes only 28 leasable lots, with the remainder of property being either underwater or unfit for building.
Mr. Erickson pointed out that if the Commissioners vote to continue subleasing the school land leases, it was very likely that the Commissioners of the Land Office will make changes to the current agreement with the City of Shawnee. One of those changes may be the inclusion of only the 28 leasable lots in the agreement and not the remainder of the 360 acres.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to renew the lease with Commissioners of the Land Office, as it currently states with 360 acres of property included.

Motion carries 5-2

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

COMMISSION NOW RETURNS TO THE FORMAL AGENDA

AGENDA ITEM NO. 10: Consider an ordinance regarding Shawnee Twin Lake Lot Rentals.

The action take under Agenda Item 11, makes this item moot.


AGENDA ITEM NO. 12: Consider an ordinance regarding City of Shawnee water rate increase.

City Manager Brian McDougal introduced a power point presentation outlining the history of Shawnee’s water infrastructure needs expanded over a ten year period. He spoke of the City’s past rate adjustments, the need for the Shawnee Municipal Authority to be operated like a business, the capital projects that have been sacrificed over the years to balance the budget and that water has been identified by Shawnee citizens as our No. 1 priority. In April, 2009, Municipal Finance Services provided the City of Shawnee with the results of their water rate study.
Utilities Director Jim Bierd then continued with the presentation outlining three different plans being submitted for consideration. Mr. Bierd explained the advantages and disadvantages of each option.
Plan A, is the original plan prepared by Municipal Finance. This plan includes two major projects within the first five years, the 30” water line from the lake to the water plant and the Atoka tie-in Lake line.
Plan B, the plan being recommended by staff, keeps the 30” water line in the five year schedule, but moves the Atoka tie-in line off until the second five year plan. Mr. Bierd also pointed out that with our ability to treat water from the Wes Watkins Reservoir for use, the Atoka tie-in line is less important now.
Plan C, averages the base rate increases over the next five years. This plan is not feasible because the City would lose revenue of $481,091 in 2012 and $382,710 in 2013.
Many Commissioners commented that while rate increases are painful, a catastrophic event to our 80 year old water line would leave the residents in much worse shape.
After a lengthy discussion, a motion was made by Commissioner Sims, seconded by Commissioner Holt, that the Title and Ordinance No. 2410NS Plan “B” be approved. Motion carried 7-0.

Ordinance No. 2410NS was introduced and read aloud.

ORDINANCE NO. 2410NS ENTITLED “AN ORDINANCE RELATING TO WATER AND SANITARY SEWER RATES FOR THE CITY OF SHAWNEE, OKLAHOMA, AMENDING SUBSECTIONS (a) AND (b), SECTION 26-26, ARTICLE II, CHAPTER 26 OF THE CODE OF THE CITY OF SHAWNEE; AMENDING WTER RATES FOR RESIDENTIAL AND COMMERCIAL USE BOTH INSIDE AND OUTSIDE THE CITY LIMITS; AMENDING SUB-SECTIONS (b) AND (c), SECTION 26-27, ARTICLE II, CHAPTER 26 OF THE CODE OF THE CITY OF SHAWNEE; AMENDING SANITARY SEWER RATES FOR RESIDENTIAL AND COMMERCIAL USE BOTH INSIDE AND OUTSIDE THE CITY LIMITS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.”

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

Commissioner Harrod made a motion, seconded by Commissioner Holt, to approve emergency clause to become effective immediately. Motion and second were withdrawn.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, that Ordinance No. 2410NS will become effective November 1, 2009. Motion carried 7-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2410NS duly passed and adopted.

AGENDA ITEM NO. 13: 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. 14: Administrative Reports

Interim Director of Operations James Bryce stated that the Municipal Pool is still open and is being used by the YMCA because their pool is closed for repairs.

AGENDA ITEM NO. 17: Commissioners Comments

Commissioner Harrod stated that the Commissioners really work hard at keeping the public informed and always try to be available to Shawnee residents. He further advised that the city manager’s office will always be able to contact him if the need arises.
Mayor Peterson announced a Special Call meeting will be held on September 10th at 1:00 p.m. for the Quality of Life Tour. The Commissioners will be leaving from City Hall at this time to tour various parks and locations in and around Shawnee.

AGENDA ITEM NO. 18: Adjournment

There being no further business to be considered, a motion was made by
Commissioner Harrod, seconded by Commissioner Collier, that the meeting be adjourned. Motion carried 7-0. (9:57 p.m.)

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


LINDA PETERSON, MAYOR



(SEAL)

ATTEST:

PHYLLIS LOFTIS,
CITY CLERK
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