Date: 1/17/2012Board: City CommissionDocumentType: MinutesWeb Posted: 2/8/2012 9:05:17 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
JANUARY 17, 2012 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, January 17, 2012 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 Commissioner Ward 2

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4-Vice Mayor

John Winterringer Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: None

INVOCATION Rev. Larry Sparks
New Beginnings Church

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda.

A motion was made by Commissioner Sims, seconded by Vice-Mayor Collier, to approve the Agenda. Motion carried 7-0.

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

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

a. Acknowledge staff will proceed in the instant meeting with the opening and consideration of bids as set forth in Agenda Item Number16 and Shawnee Municipal Authority Agenda Item Number 3.

b. Minutes from the December 19, 2011 regular meeting.

c. Budget Amendment – General Fund – Revenue sources not budgeted

d. Budget Amendment – General Fund – Unzner Grant

e. Budget Amendment – SMA - Insurance Reimbursements, Carryovers for last year

f. Acknowledge the following minutes and reports:

• Shawnee Civic and Cultural Development Authority minutes from November 7, 2011

• Planning Commission minutes from December 7, 2011

• License Payment Report December 1-31, 2011

• Project Payment Report December 1-31, 2011

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

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

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

Dana Holden, 1101 West 45th Street, spoke regarding an issue with his water line. His meter is in a neighbor’s yard and through several other properties and he believes he has a leak in this line due to high water consumption. He was advised by line maintenance that the best solution was to move his water meter. Mr. Holden says he was, also, advised to file a tort claim or a law suit. The city manager requested that Mr. Holden call his office to set up an appointment to discuss the situation.

Rocky Barrett, 3311 North Oklahoma Street, addressed the commission on the legal problems of annexation of tribal trust land without a compact with the other government entities involved in areas such as tort claims and water sales. The Rural Water District #3 has an agreement with Pottawatomie County for water sales in this area and he believes this agreement would be binding. He also questioned the cross deputizing of law enforcement.

AGENDA ITEM NO. 4: Mayor’s Proclamation:
“Pat Snider Day”
January 17, 2012

Pat Snider accepted the Mayor’s Proclamation for “Pat Snider Day” presented by Mayor Peterson.

AGENDA ITEM NO. 5: City Manager presentation of Employee of the Month to Teresa Story, Billing Clerk – Customer Service.

Teresa Story was present to accept the Employee of the Month Certificate presented by City Manager Brian McDougal.

AGENDA ITEM NO. 6: Reconvene public hearing and consideration of an ordinance annexing property located northwest of the intersection of MacArthur Street and Acme Road, just east of Highway 177. Applicant: Kickapoo Tribe of Oklahoma (Continued from the December 19, 2011 meeting at the request of the applicant)

Mayor Peterson opened the public hearing for public comments. City Planning Director, Justin Erickson, reported the Kickapoo Tribe was working on a Memorandum of Understanding and had submitted the document to the city attorney for review. The Kickapoo Tribe has asked to continue to defer the request for annexation until the legal questions are addressed. Mr. Erickson advised the Memorandum of Understanding does not include cross-deputization.

Rocky Barrett spoke regarding the legal need for an agreement with the United States government regarding any binding agreement with the city and asked about the agreement with the county for the rural water district.

Jo Ann Cox had many questions regarding land in a tribal trust and asked about notification of property owners for annexation and asked if the city had plans to bring sanitary sewer service to the north side of MacArthur where she owns property. Justin Erickson explained that annexation publication notice was required but notice to individual adjacent property owners was not required.

A motion was made by Vice-Mayor Collier, seconded by Commissioner Sims, to continue the public hearing until the February 6, 2012 City Commission meeting per applicant’s request and additional documentation. Motion Carried 7-0.

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

AGENDA ITEM NO. 7: A public hearing and consideration of an ordinance rezoning property located at the Northwest corner of Bryan Street and 45th Street from A-1; Agricultural to C-2; Suburban Office. Applicant requested C-3; Automotive, Commercial and Recreation. However, planning commission denied C-3 and approved C-2.
Case #P01-12 Applicant: Landes Engineering, LLC

Mayor Peterson declared a public hearing in session to consider an ordinance rezoning property located at the Northwest corner of Bryan Street and 45th Street from A-1; Agricultural to C-2; Suburban Office. Mr. Mike Massey, property owner, spoke requesting the original zoning application of C-3; Automotive, Commercial and Recreation. He owns ten acres and does not want to be locked in using the majority of that property as church property. He would like the flexibility to use part of this in the future for other uses.
Rocky Barrett spoke asking the commission to consider what would happen to the neighborhood if the C-3 classification was allowed.
Justin Erickson, City Planning Director, explained the difference in C-2 and C-3 zoning classifications.
No additional people came forward and the Mayor closed the public hearing.

A motion was made by Commissioner Sims, seconded by Commissioner Collier, to approve the ordinance rezoning property located at the Northwest corner of Bryan Street and 45th Street from A-1; Agricultural to C-2; Suburban Office.

Ordinance No. 2466NS was introduced.

ORDINANCE NUMBER 2466NS, 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: THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE/4 SE/4 SE/4) OF THE SECTION THIRTY-TWO (32), TOWNSHIP ELEVEN (11) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, ALSO DESCRIBED AS: A TRACT OF LAND BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE/4); THENCE NORTH 665.9175 FEET; THENCE N89º05’28”W 658.7909 FEET, THENCE SOUTH 661.8835 FEET; THENCE EAST 660.134 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.

Motion carried 6-1.

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

AGENDA ITEM NO. 8: A public hearing and consideration of an ordinance for a Conditional Use Permit in C-3; Automotive, Commercial and Recreation zoning for property located at 1613 N. Harrison.
Case #P02-12 Applicant: Carl McCollum

Mayor Peterson declared a public hearing in session to consider an ordinance for a Conditional Use Permit in C-3; Automotive, Commercial and Recreation zoning for property located at 1613 N. Harrison. Mr. Carl McCollum, representing the strip mall location management, spoke in favor of the conditional use permit. No others came forward and the public hearing was closed.

A motion was made by Commissioner Sims, seconded by Commissioner Smith, to approve the ordinance for a Conditional Use Permit in C-3; Automotive, Commercial and Recreation zoning for property located at 1613 N. Harrison.

Ordinance No. 2467NS was introduced.

ORDINANCE NUMBER 2467NS, 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 A POINT 690 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER (SW/4) OF SECTION EIGHT (8), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE EAST 304 FEET; THENCE NORTH 597 FEET; THENCE WEST 304 FEET; THENCE SOUTH 597 FEET TO THE POINT OF BEGINNING; ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM C-3; AUTOMOTIVE, COMMERCIAL & RECREATION DISTRICT TO C-3P; AUTOMOTIVE, COMMERCIAL & RECREATION DISTRICT WITH CONDITIONAL USE PERMIT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion Carried 7-0.

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

AGENDA ITEM NO. 9: A public hearing and consideration of an ordinance rezoning property located at 4410 and 4440 N. Kickapoo from R-1; Single Family Residential and C-1; Neighborhood Commercial to C-3; Automotive, Commercial and Recreation.
Case #P03-12 Applicant: Peter Porter

Mayor Peterson declared a public hearing in session to consider an ordinance rezoning property located at 4410 and 4440 N. Kickapoo from R-1; Single Family Residential and C-1; Neighborhood Commercial to C-3; Automotive, Commercial and Recreation. Mr. Peter Porter spoke about plans to build a retail building with a nail salon and other space available for rental. No others appeared to speak in favor or in protest of this rezoning and the public hearing was closed.

A motion was made by Vice-Mayor Collier, seconded by Commissioner Sims, to approve the ordinance rezoning property located at 4410 and 4440 N. Kickapoo from R-1; Single Family Residential and C-1; Neighborhood Commercial to C-3; Automotive, Commercial and Recreation.

Ordinance No. 2468NS was introduced.

ORDINANCE NUMBER 2468NS, AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, TO-WIT: LOTS EIGHT (8) AND NINE (9), BLOCK TWO (2), COLLEGE VIEW ADDITION TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, LESS AND EXCEPT THE NORTH FORTY (40) FEET OF THE WEST TWENTY FEET OF LOT NINE (9), REZONING SAID PROPERTY FROM R-1; SINGLE FAMILY RESIDENTIAL AND C-1; NEIGHBORHOOD COMMERCIAL TO C-3; AUTOMOTIVE, COMMERCIAL AND RECREATION DISTRICT AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion Carried 7-0.

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

COMMISSIONER SMITH IS NOW ABSENT

AGENDA ITEM NO. 10: A public hearing and consideration of an ordinance modifying Section 3-216 of the Shawnee Municipal Code to prohibit non-accessory type signs.

Mayor Peterson declared a public hearing in session to consider an ordinance modifying Section 3-216 of the Shawnee Municipal Code to prohibit non-accessory type signs. Phil Tomlinson, Nancy Ford, Tom Terry, and Linda Malley all spoke against allowing any more billboards in the city. David Romberg believes billboards can be compatible with the city.
No others appeared to speak in favor or in protest of this rezoning and the public hearing was closed.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to request the Planning Commission come back with a policy allowing billboards on a restricted basis.

Motion Carried 5-1.

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

COMMISSIONER SMITH IS NOW PRESENT

AGENDA ITEM NO. 11: Discussion, consideration and possible action on recommendation from Shawnee Civic and Cultural Development Authority to award bid for electrical improvements at Heart of Oklahoma Exposition Center and method of payment from loan proceeds.

Discussion regarding the difference in the two bids received showed the main difference was not including all aspects of the project and the difference in materials.
A motion was made by Commissioner Sims, seconded by Commissioner Harrod, to approve the Shawnee Civic and Cultural Development Authority recommendation to award the bid to Shawnee Lighting Systems at a cost of $617,736.00. Motion carried 7-0.
AYE: Sims, Harrod, Peterson, Collier, Winterringer, Smith, Stephens
NAY: None

Further, a motion was made by Commissioner Sims, seconded by Commissioner Harrod, to pay invoices as they are approved by the SC&CDA and then presented to the City, up to $617,736.00. Motion carried 7-0.

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

AGENDA ITEM NO. 12: Acknowledge Sales Tax report received January, 2012.

Cindy Sementelli, Finance Director/Treasurer presented the information regarding sales tax receipts. Sales tax receipts are down 1.98% from what was budgeted but up 1.0% from the previous year.

AGENDA ITEM NO. 13: Consider an ordinance amending municipal code regarding setting daily and annual fishing license fees at Shawnee Twin Lakes Numbers 1 and 2.

A motion was made by Commissioner Sims, seconded by Commissioner Stephens, to approve an ordinance amending municipal code regarding setting daily and annual fishing license fees at Shawnee Twin Lakes Numbers 1 and 2.

Ordinance No. 2469NS was introduced and the title read aloud.

ORDINANCE NUMBER 2469NS, AN ORDINANCE REPEALING AND AMENDING SECTION 16-117(A) OF THE SHAWNEE MUNICIPAL CODE PROVIDING FOR THE SETTING OF FEES FOR DAILY AND ANNUAL FISHING LICENSES FOR SHAWNEE TWIN LAKES NOS. 1 AND 2, PROVIDING FOR REPEALER, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY
Motion carried 7-0.

AYE: Sims, Stephens, Harrod, Peterson, Collier, Winterringer, Smith
NAY: None
A motion was made by Commissioner Sims, seconded by Vice-Mayor Collier, to declare Ordinance No. 2469NS an emergency. Motion carried 7-0.

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

AGENDA ITEM NO. 14: Consider an ordinance amending municipal code regarding setting daily and annual hunting license fees at Shawnee Twin Lakes Numbers 1 and 2.

A motion was made by Commissioner Sims, seconded by Commissioner Smith, to approve an ordinance amending municipal code regarding setting daily and annual hunting license fees at Shawnee Twin Lakes Numbers 1 and 2.

Ordinance No. 2470NS was introduced and the title read aloud.

ORDINANCE NUMBER 2470NS AN ORDINANCE REPEALING AND AMENDING SECTION 16-183(A) OF THE SHAWNEE MUNICIPAL CODE PROVIDING FOR THE SETTING OF FEES FOR DAILY AND ANNUAL HUNTING LICENSES UPON THE WATERS AND FOR CITY OWNED AND CONTROLLED LAND SURROUNDING SHAWNEE TWIN LAKES NOS. 1 AND 2, PROVIDING FOR REPEALER, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY

Motion carried 7-0.

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

A motion made by Commissioner Sims, seconded by Commissioner Harrod, to declare Ordinance No. 2470NS an emergency. Motion carried 7-0.

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

AGENDA ITEM NO. 15: Consider a resolution setting the daily and annual hunting and fishing license fees at Shawnee Twin Lakes Numbers 1 and 2; and setting the retail businesses fees for issuing these licenses.

Resolution No. 6420 was introduced.

A RESOLUTION BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SHAWNEE, OKLAHOMA, SETTING FEES FOR DAILY AND ANNUAL HUNTING AND FISHING LICENSES AT SHAWNEE TWIN LAKES NOS. 1 AND 2

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to approve a resolution setting the daily and annual hunting and fishing license fees at Shawnee Twin Lakes Numbers 1 and 2; and setting the retail businesses fees for issuing these licenses. Motion carried 7-0.

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

AGENDA ITEM NO. 16: Consider Bids:

a. Community Center Fire Suppression System (Open)

BIDDER AMOUNT

Express Fire Protection Inc. $ 48,700.00
Oklahoma City, OK

Simplex Grinnell LP $ 78,707.00
Oklahoma City, OK

Transamerican Fire Sprinklers $108,800.00

Director Operations James Bryce read the bids into the record and requested that the bid award be deferred to the next meeting to allow staff to review and check references.

A motion was made by Vice-Mayor Collier, seconded by Commissioner Winterringer, to defer the bid award to the February 6, 2012 City Commission meeting. Motion carried 7-0.

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

a. Sidewalk/ADA Handicap Ramps Project (Various Locations) (Award)

City Engineer John Krywicki announced that four bids were received and after review and consideration it was staff’s recommendation to award the bid to C-P Integrated Services, Inc. of Oklahoma City, Oklahoma in the amount of $96,982.80.

A motion was made by Commissioner Harrod, seconded by Vice-Mayor Collier, to accept staff’s recommendation and award the bid to C-P Integrated Services, Inc. in the amount of $96,982.80. Motion carried 7-0.

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

AGENDA ITEM NO. 17: 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. 15: Administrative Reports

City Manager Brian McDougal presented a letter to the commissioners from the Oklahoma Veterans Memorial Committee asking for additional money for the Veteran’s Memorial at Woodland/Veteran’s Memorial Park. He advised that if the bond issue for improvements at the pool and park passed, there would probably be money available from those projects to contribute to the request.
Mayor Peterson does not recommend trying to pull money from this year budget for their request. Other commissioners agreed there is not money available from the current year budget.

Police Chief Russ Frantz reported on the Unzner Center. The Unzner Center is used for juvenile abuse victims with coordination between the police, medical, social workers, District Attorney Office and others as needed to provide support in one location for these victims. The center had lost its accreditation. The District Attorney’s Office has taken over the management and the accreditation is back in place. In order to accomplish this, grant money was available for the City of Shawnee for administrative control while managed by the District Attorney’s Office.

James Bryce, Director of Operations, announced that the City of Shawnee has been named as a Certified Healthy Community and a Certified Healthy Business Community. There will be an awards luncheon March 1, 2012 at the Cox Center in Oklahoma City and James will attend to accept the awards.

AGENDA ITEM NO. 16: Commissioners Comments

Mayor Peterson inquired about the lights on Kennedy Street in front of the high school. Commissioner Sims added the comment that there are a lot of lights out in many areas. City Manager Brian McDougal responded that OG&E is in the process of identifying areas that need replacements and lights and they are working on the problem.

Commissioner Harrod asked about the status of the yield study being done. City Manager Brian McDougal responded with the information that the study is 90% complete but waiting on a policy management could use during drought conditions.

Commissioner Harrod then asked about the cost for repairs at Kids’ Space Park. James Bryce advised the cost to be approximately $2,500.00. Commissioner Smith then asked about what can be done about vandals at the park. City Manager McDougal responded that they were looking at technology to emit a sound frequency that could only be heard by children and teens which will be turned on at dark and off at daylight. Commissioner Harrod asked about video cameras. The city manager responded that both are costly and are being looked at as a solution.

AGENDA ITEM NO. 17: 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. (8:34 p.m.)

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



LINDA PETERSON, MAYOR

ATTEST:


DONNA MAYO, DEPUTY CITY CLERK

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