Date: 4/19/2010Board: City CommissionDocumentType: MinutesWeb Posted: 6/4/2010 9:23:17 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
APRIL 19, 2010 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, April 19, 2010 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

Pamela 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:

CALL TO ORDER

DECLARATION OF A QUORUM

INVOCATION Reverend Bobby Spears
First Baptist Church
FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda:

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to approve Agenda.

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 April 5 and April 6, 2010 meetings.

b. Acknowledge the following minutes and reports:

• Shawnee Urban Renewal Authority minutes from March 2, 2010
• Shawnee Beautification Committee minutes from March 1, 2010
• Planning Commission minutes from March 3, 2010
• License Payment Report 3-1-10 through 3-31-10
• Project Payment Report 3-1-10 through 3-31-10

c. Mayor’s appointments:
• Robert Cash, re-appointment to the Beautification Committee, term to expire 12-31-12, 1st full term
• Janet Turner, appointment to the Beautification Committee, term to expire 12-31-12, 1st full term

d. Authorize staff to request bids for installation of International Fire Code Approved fire sprinkler systems and fire alarm systems for Fire Stations #1, #2 and #3.
e. Lake Site Lease Renewals:

• Lot 1 Rowe Tract, 15511 Perry Road
R. Thielen and P. Thielen
• Lot 10 Damron Tract, 15504 Highway 102
C. Roberts and M. Roberts
• Lot 7 Rowe Tract, 15501 Perry Road
K. Coffelt
• Lot 13 Johnston Tract, 16624 Stevens Road
R. Burton and T. Burton
• Lot 6 Seck Tract, 33804 Post Office Neck
D. Spangler
• Lot 5 Eckel Tract, 15309 Eckel Road
B. Outland

A motion was made by Commissioner Harrod, seconded by Commissioner Holt, to approve the Consent Agenda. Motion carried 7-0.

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

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

John Brown of ATM solid waste disposal services spoke regarding his company’s bid, listing reasons why his company should be awarded the contract.
Robert Williams, President of ATM also spoke regarding reported DEQ violations at the landfill operated in Brooksville, stating that there have never been any environmental problems there.
John Shafer of Allied Waste spoke citing the City’s twenty-five year relationship with their company. He also indicated that their proposal would be 1.6 million dollars cheaper over the term of the contract.
Joe Howard of Central Disposal Services spoke next stating that they are a part of this community and will do a good job if given the contract.
Allen Cox of Waste Corporation of America spoke stating that he felt his bid had been discredited because he did not bid a transfer station. He provided a copy of a question and answer form from the pre-bid meeting which indicated the need for a “convenience” station.

AGENDA ITEM NO. 4: Mayor’s Proclamations:

Commissioner Harrod presented a proclamation to Mr. Beau Davis for:

“Beau Davis Day”
April 19

Beau Davis was present to accept this proclamation.
AGENDA ITEM NO. 5: Consider bid award for Solid Waste Collection and Disposal Services.

Utility Director Jim Beard gave the staff report, noting that there were two bids completed in accordance with the bid specifications. Of those bids, Central Disposal Services is the best bid. Based upon those findings, Mr. Bierd recommended that the contract for solid waste collection and disposal be awarded to Central Disposal LLC. Commissioner Stephens asked about the importance of the DEQ findings regarding ATM’s landfill in Brooksville. Mr. Bierd reported that it’s a red flag and an indicator that something is wrong. Commission Stephens also requested that the contract with the next disposal company include language requiring that the City of Shawnee be informed of any DEQ violation notices or compliance orders.
A motion was made by Commissioner Sims, seconded by Commissioner Holt, to approve staff’s recommendation that the bid for Solid Waste Collection and Disposal Services be awarded to Central Disposal LLC, with the requirement that the City of Shawnee be informed of any DEQ violation notices or compliance orders.


Motion carried 6-0-1.

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

AGENDA ITEM NO. 6: Public hearing and consideration of ordinance for Conditional Use Permit to allow for the sale of low point beer for off premise consumption in C-3 & C-1 zoning district for property located at 1427 N. Harrison.
(Applicant: Walgreen Co. Case #P02-10)

Mayor Peterson declared a public hearing in session to consider an ordinance for Conditional Use Permit to allow for the sale of beer for off-premise consumption at property located at 1427 N. Harrison.
Mayor Peterson asked if any person wished to appear in favor of or in protest of the permit. G. Thorne Stallings, Jr., appear on behalf of Walgreen Company to answer any questions from the Commission.
The staff report indicates the subject property has been utilized as a drug/convenience store for some time and the proposed use is not expected to change the character of the neighborhood. Allowing the sale of alcohol at this site is consistent with other conditional use permits that have been approved for similar establishments throughout the City and within close proximity of the subject site. Staff recommends approval of the Conditional Use Permit to allow for the sale of beer for off-premise consumption located at 1427 N. Harrison. This request was also approved by the Planning Commission.

A motion was made by Commissioner Stephens, seconded by Commissioner Sims, to approve Ordinance No. 2427NS.

Ordinance No. 2427NS was introduced and read aloud.

ORDINANCE NO. 2427NS 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 THE NORTHWEST QUARTER (NW/4) OF SECTION SEVENTEEN (17), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, AND A PART OF LOT FIVE (5), MCDIVITT'S ADDITION TO THE CITY OF SHAWNEE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT FIVE (5), MCDIVITT'S ADDITION TO THE CITY OF SHAWNEE, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE S00°09'00"E ALONG THE WEST LINE OF SAID LOT FIVE (5) A DISTANCE OF 20.00 FEET TO THE POINT OR PLACE OF BEGINNING, SAID POINT BEING THE MOST SOUTHERLY CORNER OF THE TRACT OF LAND CONVEYED TO THE STATE OF OKLAHOMA BY WARRANTY DEED, RECORDED IN BOOK 447, PAGE 615, RECORDS OF POTTAWATOMIE COUNTY, OKLAHOMA; THENCE CONTINUING S00°09'00"E ALONG SAID WEST LINE A DISTANCE OF 277.16 FEET TO THE NORTHWEST CORNER OF THE TRACT OF LAND CONVEYED TO THE STATE OF OKLAHOMA BY WARRANTY DEED, RECORDED IN BOOK 437, PAGE 197, RECORDS OF POTTAWATOMIE COUNTY, OKLAHOMA; THENCE S89°35'50"E ALONG THE NORTH LINE OF SAID TRACT OF LAND CONVEYED TO THE STATE OF OKLAHOMA A DISTANCE OF 17.00 FEET; THENCE S00°09'00"E ALONG THE EAST LINE OF SAID TRACT OF LAND CONVEYED TO THE STATE OF OKLAHOMA A DISTANCE OF 28.84 FEET; THENCE S89°35'50"E A DISTANCE OF 133.00 FEET; THENCE N00°09'00"W A DISTANCE OF 26.00 FEET; THENCE S89°35'50"E A DISTANCE OF 85.00 FEET; THENCE N00°09'00"W A DISTANCE OF 300.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT FIVE (5); THENCE N89°35'50"W ALONG SAID NORTH LINE A DISTANCE OF 215.00 FEET TO THE MOST EASTERLY CORNER OF THE TRACT OF LAND CONVEYED TO THE STATE OF OKLAHOMA BY WARRANTY DEED, RECORDED IN BOOK 447, PAGE 615, RECORDS OF POTTAWATOMIE COUNTY, OKLAHOMA; THENCE S45°07'35"W ALONG THE SOUTHEASTERLY LINE OF SAID TRACT OF LAND CONVEYED TO THE STATE OF OKLAHOMA A DISTANCE OF 28.15 FEET TO THE POINT OR PLACE OF BEGINNING, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM C-3; AUTOMOTIVE, COMMERCIAL & RECREATION DISTRICT AND C-1; NEIGHBORHOOD COMMERCIAL TO C-3P; AUTOMOTIVE, COMMERCIAL & RECREATION DISTRICT WITH CONDITIONAL USE PERMIT AND C-1P; NEIGHBORHOOD COMMERCIAL WITH CONDITIONAL USE PERMIT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

Motion carried 7-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2427NS duly passed and adopted.

AGENDA ITEM NO. 7: Public hearing and consideration of ordinance for Conditional Use Permit to allow for the sale of low point beer for off premise consumption in CP zoning district for property located at 600 Shawnee Mall Drive. (Applicant: Walgreen Co. Case #P03-10)

Mayor Peterson declared a public hearing in session to consider an ordinance for Conditional Use Permit for off premise consumption in CP zoning district for property located at 600 Shawnee Mall Drive. Mr. Stallings was present on behalf of Walgreen Co. for this rezoning request as well.
Staff is recommending approval of the requested Conditional Use Permit to allow for the sale of beer for off-premise consumption at 600 Shawnee Mall Drive. This request was also approved by the Planning Commission.

A motion was made by Vice Mayor Stephens, seconded by Commissioner Sims, to approve Ordinance No. 2428NS.

Ordinance No. 2428NS was introduced and read aloud.

ORDINANCE NO. 2428NS 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 FOUR A (4A), BLOCK A, REPLAT OF SHAWNEE MALL SUBDIVISION LOT 4, BLOCK A, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM CP; PLANNED SHOPPING TO CPP; PLANNED SHOPPING WITH CONDITIONAL USE PERMIT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

Motion carried 7-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2428NS duly passed and adopted.

AGENDA ITEM NO. 8: Public hearing and consideration of ordinance for Conditional Use Permit to allow for a manufactured home in A-1 zoning district for property located at 15305 Patterson Road. (Applicant: Ryan and Melanie Boyd and Max Hutchinson Case #P04-10)

Mayor Peterson declared a public hearing in session to consider an ordinance for Conditional Use Permit to allow for a manufactured home for property located at 15305 Patterson Road.
Mayor Peterson asked if any person wished to appear in favor of or in protest.
Attorney Neal Martin appears on behalf of protestor Jack Smith. Mr. Martin expressed his client’s concern that a house will never be built on the subject site. Mr. Martin also asked that the conditions recommended by the Planning Commission be included in the ordinance and that the applicant provide proof of financing before the mobile home be allowed to be moved onto the property.
Mr. Max Hutchison appeared as one of the applicants. He stated that his goal is to build a home to live in and work out of. He stated that they had been in contact with a builder, although they would be doing some of the construction themselves. He stated that he will remove the mobile home after the construction of the house is completed.
Staff report was given and it was noted that the subject property is 15 acres in size and is expected to be used on a short-term basis, while the applicants construct a single-family residence. Staff recommends approval of the requested Conditional Use Permit to allow for the placement of a mobile home on the subject property, subject to the following four (4) conditions:

1. The mobile home shall be allowed on a temporary basis, while the applicant constructs a
single-family residence.
2. The applicant shall commence construction of the single family residence within six (6) months of the date of permit approval and complete construction within two (2) years from the date of permit approval.
3. The mobile home shall be removed within 30 days of completion of the residence.
4. All A-1 setback requirements apply.


This request was approved by the Planning Commission.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve Ordinance No. 2429NS with the four (4) conditions as listed above and with the added condition requiring applicants to provide proof of construction financing to the Planning Department prior to moving the mobile home onto property.

Ordinance No. 2429NS was introduced and read aloud.

ORDINANCE NO. 2429NS 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 THE NORTHWEST QUARTER (NW/4) OF SECTION FIFTEEN (15), TOWNSHIP TEN (10) NORTH, RANGE TWO (2) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, FURTHER DESCRIBED AS: BEGINNING AT A POINT 1303.75 FEET S00°00’00”W OF THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER (NW/4); THENCE N89°57’04”E A DISTANCE OF 1330.40 FEET; THENCE S00°00’00”W A DISTANCE OF 494.90 FEET; THENCE S89°57’04”W A DISTANCE OF 1330.40 FEET; THENCE N00°00’00”E A DISTANCE OF 494.40 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO A-1P AGRICULTURAL WITH A CONDITIONAL USE PERMIT AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

Motion carried 6-1.

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

Thereupon Mayor Peterson declared Ordinance No. 2429NS duly passed and adopted.

AGENDA ITEM NO. 9: Public hearing and consideration of ordinance to rezone from R-1 to a Planned Unit Development for property located at 1701 West MacArthur. (Applicant: Marical Brothers Real Estate Case #P05-10)


Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property located at 1701 West MacArthur.

Mayor Peterson asked if any person wished to appear in favor of or in protest of the rezone. No one appeared.
Staff report was given and it was noted that the proposed project includes 20 residential housing units that would be constructed as two fourplex and six duplex buildings. The site is approximately 2.03 acres and is zoned R-1 (single family residential). The property is immediately west of the Municipal Airport and is on the southwest corner of MacArthur and Leo Street.
Staff recommends approval of the Golden Acres PUD and associated preliminary plat and all applicable deviations, subject to the following conditions:

VARIANCES

1. Driveway separation along Leo Street will be 45 feet from center as shown on the submitted Master Plan.
2. Setbacks shall be as shown on the submitted Master Plan.
3. Shared parking shall be permitted.

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. If the developer elects to phase the development (final plat in phases), all common infrastructure shall be constructed with Phase 1 unless otherwise approved by the City Engineer.
3. The proposed common amenities as outlined in the PUD Narrative shall be constructed in substantial conformance with the proposed design. The common amenities shall be constructed prior to issuance of occupancy permits.
4. Street trees and landscaping shall be planted in conformance with the PUD Master Plan.
5. The front building line setback shall be 20 feet along Leo Street. All other setbacks are as per the approved PUD Master Plan.
6. Cross access and utility easements shall be provided concurrent with final plat submittal/approval.
7. A site-proof fence six (6) feet or higher in height shall be constructed along the full length of the western and northern property lines as shown on the PUD Master Plan.
8. A copy for the Recorded Property Association (PA) shall be provided prior to issuance of occupancy permits.
9. All other applicable City standards apply.

This request was approved by the Planning Commission with the noted variances and conditions.
A motion was made by Vice Mayor Stephens, seconded by Commissioner Winterringer, to approve Ordinance No. 2430NS subject to the nine (9) conditions imposed.

Ordinance No. 2430NS was introduced and read aloud.

ORDINANCE NO. 2430NS 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 ONE (1), TWO (2), THREE (3), FOUR (4), FIVE (5), SIX (6), SEVEN (7), SIXTEEN (16), SEVENTEEN (17), EIGHTEEN (18), NINETEEN (19), TWENTY (20) AND TWENTY-ONE (21), BLOCK ONE (1), GOLDEN ACRES ADDITION TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM R-1; SINGLE FAMILY RESIDENTIAL TO PUD; PLANNED UNIT DEVELOPMENT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

Motion 7-0.

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

AGENDA ITEM NO. 10: Consideration of preliminary plat for Golden Acres Cottages located at 1701 West MacArthur. (Applicant: Marical Brothers Real Estate Case #S01-10)

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to approve preliminary plat for Golden Acres Cottages located at 1701 West MacArthur. Motion carried 7-0.

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

AGENDA ITEM NO. 11: Public hearing and consideration of ordinance to rezone from R-1 to a Planned Unit Development for property located at 1810 East Highland, (Applicant: Absentee Shawnee Housing Authority Case #P06-10)
Continued by Planning Commission to May 5, 2010 meeting

A motion was made by Commissioner Sims, seconded by Commissioner Holt, to defer consideration of the ordinance to rezone property located at 1810 East Highland until the May 17, 2010 City Commission meeting. Motion carried 7-0.

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

AGENDA ITEM NO. 12: Consideration of final plat for Unity Medical Plaza Addition 2 located North of MacArthur and West of Kethley Road. (Applicant: Unity Health Center North Case #S02-10)

Staff recommends approval of the Unity Medical Plaza – Addition 2 Final Plat, subject to the following three (3) conditions:

1. Final infrastructure plans shall be submitted by the applicant and approved by the City and the
City Engineer prior to construction.
2. 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.
3. All other applicable City standards apply.

The Planning Commission approved this request subject to the three conditions listed.
A motion was made by Commissioner Collier, seconded by Commissioner Harrod, to approve final plat for Unity Medical Plaza Addition 2 located North of MacArthur and West of Kethley Road subject to the three (3) conditions as set out above.


Motion carried 7-0.

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

AGENDA ITEM NO. 13: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Defined contribution plan for David Tyler.

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to approve Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Defined contribution plan for David Tyler. Motion carried 7-0.

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

AGENDA ITEM NO. 14: Consider a resolution declaring 2 Cavalier Travel Trailers surplus to the needs of the City of Shawnee and the Shawnee Police Department and donating said equipment to Oklahoma Baptist University and Pottawatomie County Drug Task Force.

Resolution No. 6383 was introduced and read aloud.

RESOLUTION NO. 6383 ENTITLED “A RESOLUTION DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY SURPLUS AND NO LONGER NEEDED FOR CITY PURPOSES; DESCRIBING SAID ITEMS; AND AUTHORIZING THE DONATION OF SAID ITEMS TO OKLAHOMA BAPTIST UNIVERSITY AND THE POTTAWATOMIE COUNTY DRUG TASK FORCE.”



A motion was made by Vice Mayor Stephens, seconded by Commissioner Harrod, to approve Resolution No. 6383. It was noted buy City Attorney John Canavan that the donation of equipment from the City of Shawnee/Shawnee Police Department can only be made to another police agency. Therefore the resolution is amended to state that the surplus items be donated to the Oklahoma Baptist University Police Department and the Pottawatomie County Drug Task Force. Motion carried 7-0.

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

AGENDA ITEM NO. 15: Consider approval of agreement for Campus Police jurisdiction and authority between the City of Shawnee and Oklahoma Baptist University.

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to approve agreement for Campus Police jurisdiction and authority between the City of Shawnee and Oklahoma Baptist University. Motion carried 7-0.

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

AGENDA ITEM NO. 16: Consider an agreement with Oklahoma Baptist University regarding the Kickapoo Paving Project.

City Engineer John Krywicki informed commissioners that Oklahoma Baptist University will donate easements to the city for the Kickapoo Paving Project in return for the City of Shawnee providing the underground installation of electric utilities extending to the north end of OBU property. It was noted that this property extends beyond Mac Arthur Street to the north and includes the BancFirst building at the northwest corner of MacArthur and Kickapoo Streets. A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to approve the agreement with Oklahoma Baptist University regarding the Kickapoo Paving Project contingent upon the City Engineer finalizing the plans for the extension of the underground utilities further north to the end of the OBU property.

Motion carried 7-0.

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

AGENDA ITEM NO. 17: Acknowledge Sales Tax Report through April 2010.

Interim Finance Director Stephen Nolen reported that sales tax revenue continues to fall behind last year’s amount and budget projections, although the downward trend slowed this month. The April report showed $13,918 below last year’s receipts or negative 1.05%. Year-to-date, the City is 5.20% under project budget values.
Staff is carefully monitoring sales tax reports and is looking at options regarding ways to handle the deficit.
Mayor Peterson inquired if the City is maintaining a 2% fund balance at this time. Mr. Nolen responded that the amount was closer to 1.5%.
Commissioner Sims requested that our sales tax report be expanded to include 18 months of data for comparison purposes.

AGENDA ITEM NO. 18: Consider an ordinance establishing a fee to be assessed if a tranquilizer dart is used on an animal to be impounded; and said fee to be paid before the animal is released.

Ordinance No. 2431NS was introduced and read aloud.

ORDINANCE NO. 2431NS ENTITLED “AN ORDINANCE RELATING TO THE CHARGES FOR IMPOUINDING ANIMALS; AMENDING SECTION 5-50, ARTICLE II OF CHAPTER 5 OF THE CODE OF THE CITY OF SHAWNEE; ADDING A FEE OF TWENTY DOLLARS ($20.00) TO THE CHARGES TO BE PAID FOR THE RELEASE OF AN IMPOUNDED ANIMAL IF SUCH ANIMAL HAD TO BE TRANQUILIZED WITH THE USE OF A TRANQUILIZER DART WHILE BEING IMPOUNDED AND SEIZED BY THE CITY; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”

A motion was made by Commissioner Harrod, seconded by Commissioner Holt, to approve Ordinance No. 2431NS. Motion carried 6-0-.

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

Commissioner Sims absent during vote.

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to approve Section 3, emergency clause. Motion carried 7-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2431NS

AGENDA ITEM NO. 19: Consider an ordinance establishing a fee to be assessed on a defendant convicted of certain offenses if a taser is used to subdue the defendant.

Ordinance No. 2432NS was introduced and read aloud.

ORDINANCE NO. 2432NS ENTITLED “AN ORDINANCE RELATING TO THE USE OF TASERS ON PERSONS COMMITTING ASSAULT AND BATTERIES AND RESISTING ARRESTS; AMENDING SECTION 20-8, ARTICLE I OF CHAPTER 20 OF THE CODE OF THE CITY OF SHAWNEE; ADDING A SUB-SECTION (c) AND ESTABLISHING A THIRTY DOLLAR ($30.00) FEE TO BE ASSESSED ON PERSONS THAT A POLICE OFFICER MUST USE A TASER ON TO SUBDUE DURING AN ASSAULT AND BATTERY; AMENDING SECTION 20-39 OF ARTICLE I OF CHAPTER 20 OF THE CODE OF SHAWNEE; ESTABLISHING A THIRTY DOLLAR ($30.00) FEE TO BE ASSESSED ON PERSONS THAT A POLICE OFFICER MUST USE A TASER ON TO SUBDUE WHILE THEY ARE RESISTING ARREST; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to approve Ordinance No. 2432NS. Motion carried 7-0.

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

A motion was made by Commissioner Harrod, seconded by Commissioner Holt, to approve Section 4, the emergency clause. Motion carried 7-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2432NS duly passed and adopted.

AGENDA ITEM NO. 20: Consider an ordinance calling for non-partisan election for offices of Ward 1, Ward 5 and Ward 6; setting the dates for the filing period, general election and general run off election; establishing voting procedure and declaring an emergency.


Ordinance No. 2433NS was introduced and read aloud.

ORDINANCE NO. 2433NS ENTITLED “AN ORDINANCE CALLING AND PROVIDING FOR THE HOLDING OF NONPARTISAN GENERAL AND GENERAL RUNOFF ELECTIONS IN THE CITY OF SHAWNEE, OKLAHOMA, FOR THE PURPOSE OF NOMINATING AND ELECTING CANDIDATES FOR THE OFFICES OF CITY COMMISSIONER OF THE FIRST WARD, CITY COMMISSIONER OF HE FIFTH WARD AND CITY COMMISSIONER OF THE SIXTH WARD; ESTABLISHING A FILING PERIOD AND QUALIFICATIONS FOR SUCH OFFICES; DESIGNATING THE MANNER OF ELECTING THE VARIOUS CITY OFFICES NAMED HEREIN; PROVIDING FOR SAID ELECTIONS TO BE CONDUCTED BY THE POTTAWATOMIE COUNTY ELECTION BOARD; PROVIDING FOR VOTING BY ABSENTEE BALLOT; AND DECLARING AN EMERGENCY.”

A motion was made by Commissioner Winterringer, seconded by Commissioner Harrod, to approve Ordinance No. 2433NS. Motion carried 7-0.

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

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to approve Section 6, the emergency clause. Motion carried 7-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2433NS duly passed and adopted.

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

Interim Director of Operations James Bryce informed the Commission regarding proposed cemetery fee increases which will he hopes to have on the city commission agenda for consideration.
Mr. Bryce also spoke regarding the possible creation of a cemetery foundation.

Rex Hennen, Assistant Airport Manager, stated that Youth Aviation Adventure day was a huge success. He said that 130 youth attended the adventure, with an additional 50 scouts attending to earn merit badges.
Mr. Hennen also stated that the terminal building value engineering project is still on-going.

AGENDA ITEM NO. 23: Commissioners Comments

Commissioner Harrod thanked Jim Bierd and staff for everything they did regarding the solid waste disposal contract.

Mayor Peterson also thanked Mr. Bierd and his staff for their work on the project.
The Mayor also spoke about the Safe Community reception that was held on April 17, 2010. She displayed a banner and plaque received in recognition of the honor and stated that Shawnee had also received a resolution from the Governor.

AGENDA ITEM NO. 24: Consideration and possible action to enter into Executive Session to discuss status of negotiations with the IUPA, Local No. 3, for a Collective Bargaining Agreement for Fiscal Year 2010-2011, including discussion of a tentative agreement reached by the negotiating teams for the City and the Local for a Collective Bargaining Agreement for Fiscal Year 2010-2011 as authorized by 25 O.S. §§307(B)(2).

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to enter into Executive Session to discuss status of negotiations with the IUPA, Local No. 3, for a Collective Bargaining Agreement for Fiscal Year 2010-2011, including discussion of a tentative agreement reached by the negotiating teams for the City and the Local for a Collective Bargaining Agreement for Fiscal Year 2010-2011 as authorized by 25 O.S. §§307(B)(2). Motion carried 7-0.

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

AGENDA ITEM NO. 25: Consideration and possible action to enter into Executive Session to discuss the purchase of real property for public safety purposes; pursuant to 25 O.S. §§307(B)(3).

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to enter into Executive Session to discuss the purchase of real property for public safety purposes; pursuant to 25 O.S. §§307(B)(3). Motion carried 7-0.

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

COMMISSIONERS NOW IN EXECUTIVE SESSION AT 8:30 P.M. WITH ALL COMMISSIONERS PRESENT

AS NOTED BY CITY ATTORNEY, THE DISCUSSION AND CONSIDERATION OF AGENDA ITEM NO. 24 WAS ADJOURNED AT 8:47 P.M., AT WHICH TIME THE DISCUSSION AND CONSIDERATION OF AGENDA ITEM NO.25 COMMENCED.

COMMISSIONERS RECONVENE IN REGULAR SESSION AT 8:55 P.M. WITH ALL COMMISSIONERS PRESENT

AGENDA ITEM NO. 26: Consideration and possible action on matters discussed in Executive Session regarding the status of a Collective Bargaining Agreement for FY 2010-2011 between the City of Shawnee and the IUPA, Local No. 3, including possible action to adopt a Collective Bargaining Agreement between the City of Shawnee and the IUPA, Local No. 3, for Fiscal Year 2010-2011.

A motion was made by Vice Mayor Stephens, seconded by Commissioner Sims, that the City of Shawnee enter into the tentative agreement reached by the negotiations team. Motion carried 7-0.

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

AGENDA ITEM NO. 27: Consideration and possible action on matters discussed in Executive Session regarding the purchase of real property for public safety purposes; pursuant to 25 O.S. §§307(B)(3).

There was no action taken at this time.

AGENDA ITEM NO. 28: Adjournment

There being no further business to be considered, a motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, that the meeting be adjourned. Motion carried 7-0. (8:58 p.m.)

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




LINDA PETERSON,
MAYOR




(SEAL)

ATTEST:

PHYLLIS LOFTIS,
CITY CLERK

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