Date: 8/6/2007Board: City CommissionDocumentType: MinutesWeb Posted: 8/21/2007 2:07:08 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
AUGUST 6, 2007 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, August 6, 2007 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Mills presided and called the meeting to order. Upon roll call, the following members were in attendance.

Chuck Mills
Mayor

Pam Stephens Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2

Marva O’Neal Linda Peterson
Commissioner Ward 3 Commissioner Ward 5- Vice Mayor

ABSENT: Timmy Young
Commissioner Ward 4

David Daugherty
Commissioner Ward 6

INVOCATION Reverend Leroy Kerbo
Oak Park Church of God

FLAG SALUTE Mayor Chuck Mills

AGENDA ITEM NO. 1: Consider approval of Agenda:

A motion was made by Vice-Mayor Peterson, seconded by Commissioner Schrzan, to approve Agenda. Motion carried 5-0.

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

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

a. Minutes from the July 16, 2007 meeting.

b. Budget Amendments in Capital Improvement Fund and Street Improvement Fund.

c. Acknowledge the following reports and minutes:

 Shawnee Urban Renewal Authority minutes from the June 19, 2007 meeting

 Shawnee Beautification Committee minutes from the May 7, 2007 meeting.

 Planning Commission minutes from the July 5, 2007 meeting.

 Sister Cities Council minutes from the June 12, 2007 meeting

d. Acknowledge Workers Compensation Settlement in the amount of $21,675.00 to Steve Leader.

e. Acknowledge Workers Compensation Settlement in the amount of $43,350.00 to Wayne Crall.

f. Acknowledge Workers Compensation Settlement in the amount of $8,000.00 to Heath Streater.

g. Authorize staff to solicit qualifications/proposals for engineering design services for upcoming airport projects.

h. Authorize staff to advertise for bids for rehab of Country Club Lift Station.

i. Authorize staff to advertise for bids for Public Works storage building.

j. Authorize staff to proceed with bid process for purchase of police vehicle.

k. Authorize out-of-state travel for Fire Department employees Jim Ogle and Andy Starkey to attend Survivair Self-Contained Breathing Apparatus training in Santa Ana, California October 2 – 4, 2007.

l. Authorize staff to advertise for bids for aggregates and asphaltic material.

m. Mayor’s Appointments:

React Ambulance Board

Appoint Chris Thomas to a term to expire 11/1/07

Beautification Committee

Appoint Commissioner Thomas Schrzan

Before voting on the Consent Agenda, Vice Mayor Peterson requested that Agenda Item No. 2(b) be pulled for discussion.

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to approve Consent Agenda Item No. 2(a-m), less (b) as presented. Motion carried 5-0.

AYE: Schzan, Peterson, Stephens, O’Neal, Mills
NAY: None

Under Agenda Item No. 2(b) regarding the Budget Amendments in General Fund, specifically as it concerns the Street Improvement Fund, Vice Mayor Peterson stated she was concerned about the transfer of money being allocated to the street department without being tied to any specific street projects. City Engineer John Krywicki informed that a street improvement list will be submitted to the Commission in October with all streets rated based on needs. He assured that no money would be spent on projects until the list is approved.


A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve the Budget Amendment for Street Improvement Fund. Motion carried 5-0.

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

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

Under Citizens Participation, Mr. Jim Sims encouraged all commissioners to work together. He stated that commissioners should put their own agendas aside and work for the good of the City.

AGENDA ITEM NO. 4: Mayor’s Proclamation:

“Over the Limit – Under Arrest” Campaign
August 17 – October 3, 2007
(accepted by Chief William Mathis)

AGENDA ITEM NO. 5: Consider acceptance of resignation of Ward 6 Commissioner, David Daugherty.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, to accept the resignation of Ward 6 Commissioner, David Daugherty effective July 31. 2007. Motion carried 5-0.

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

AGENDA ITEM NO. 6: Consider declaring a vacancy in Ward 6 of the City Commission.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Mills, to declare a vacancy in Ward Six (6) of the Shawnee City Commission. Motion carried 5-0.

AYE: Peterson, Mills, Stephens, Schrzan, O’Neal
NAY: None
AGENDA ITEM NO. 7: Public hearing and consider an ordinance to rezone property located at 4706 N. Harrison from I-2; Light Industrial to R-1; Single Family Residential for use as residential property. (Applicants: Jim and Ella Henderson)

Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 4706 N. Harrison for use as residential property.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning.
Staff report was given and it was noted that the rezoning from I-2 to R-1 conforms to the Future Land Use Map, and exceeds all minimum area and frontage requirements for R-1. Vice-Mayor Peterson expressed discomfort with an R-1 zoning on the Harrison Street corridor. Community Development Director Mike Southard stated that this current zoning request is transitional and this property will most likely be zoned commercial in the future. No formal written protests had been filed.
There being no others to appear, the public hearing was closed.

After due and careful consideration Ordinance No. 2322NS was introduced and the title read aloud.

ORDINANCE NO. 2322NHS ENTITLED “AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, TO-WIT: A TRACT OF LAND DESCRIBED AS BEGINNING AT A POINT 1378 FEET NORTH OF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE/4) OF SECTION THIRTY-ONE (31), TOWNSHIP ELEVEN (11) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE WEST 348 FEET; THENCE SOUTH 200 FEET; THENCE EAST 348 FEET; THENCE NORTH 200 FEET TO THE POINT OF BEGINNING REZONING SAID PROPERTY FROM I-2; LIGHT INDUSTRIAL TO R-1; SINGLE FAMILY RESIDENTIAL DISTRICT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, that the Title and Section 1 be approved. Motion carried 5-0.

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

Thereupon Mayor Mills declared Ordinance No. 2321NS duly passed and adopted.

AGENDA ITEM NO. 8: Public hearing and consider an ordinance to rezone property located at 4405 N. Harrison from A-1; Agricultural District to C-3; Automotive and Commercial Recreation District for use as a retail store. (Applicant: McQuain Properties, LLC)

Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 4405 N. Harrison for use as a retail store.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning.
Community Development Director Mike Southard gave the staff report noting that the Planning Commission recommended approval for the property. There was no formal written protest filed with the City Clerk. No others appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2322NS was introduced and the title read aloud.

ORDINANCE NO. 2322NS ENTITLED “AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, TO-WIT: A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER (NW/4) OF SECTION FIVE, TOWNSHIP TEN NORTH, RANGE FOUR EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 150.08 FEET N89º13’10”E AND 349.91 FEET S00º56’19”E OF THE NORTHWEST CORNER (NW/C) OF SAID NW/4, SAID POINT BEING ON THE EAST RIGHT-OF-WAY LINE OF HARRISON STREET; THENCE N89º13’10”E A DISTANCE OF 300 FEET; THENCE S00º56’34”E A DISTANCE OF 140.00 FEET; THENCE S89º13’10”W A DISTANCE OF 300.01 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF HARRISON STREET; THENCE N00º56’19”W ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.96 ACRES, MORE OR LESS REZONING SAID PROPERTY FROM A-1; AGRICULTURAL DISTRICT TO C-3; AUTOMOTIVE AND COMMERCIAL RECREATION DISTRICT AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Schrzan, Vice Mayor Peterson, that the Title and Section 1 be approved. Motion carried 5-0.

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

Thereupon Mayor Mills declared Ordinance No. 2322NS duly passed and adopted.


AGENDA ITEM NO. 9: Consider approval of the Final Plat being a replat of Timbers Addition 2 located south of MacArthur and west of Leo. (Applicant: The Timbers, LLC)

The Commission considered the Final Plat being a replat of Timbers Addition 2 located south of MacArthur and west of Leo.
Community Development Director Mike Southard reported that the Planning Commission and staff recommended approval of the Final Plat of Timbers Addition 2. The replat reduces the number of lots in blocks 5 and 6 and adds 7 lots to block 4. All setbacks and easements adhere to city code and exceed minimum requirements. The street right-of-way is not changed and an easement in block 4 is identified.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to approve the Final Plat being a replat of Timbers Addition 2 located south of MacArthur and west of Leo. Motion carried 5-0.

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

AGENDA ITEM NO. 10: Consider approval of the preliminary plat for Windmill Ridge West Section 3 located east of Bryan Street and south of Bradley Street. (Applicant: Windmill Ridge Development LLC).

The Staff and Planning Commission recommended approval of the Preliminary Plat for Windmill Ridge West Section 3 located east of Bryan Street and south of Bradley Street.
In staff notes, the layout conforms to the original PUD design. This is a 13 lot subdivision covering +/-5.75 acres. Water, sewer, streets and storm sewers will be extended. Bradley Street is to be extended to Bryan as per the PUD, a water line and road are anticipated in this easement, but an additional 10’ feet may be needed due to the property being platted in the early 1900’s prior to being in the city limits and prior to design standards.
Vice-Mayor Peterson questioned who has the responsibility to extend Bradley Street. Mr. Southard said it has always been his opinion that it is the developer’s responsibility.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve the preliminary plat for Windmill Ridge Section 3, along with staff recommended variances. Motion carried 5-0.

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

AGENDA ITEM NO. 11: Consider City Manager’s recommendation to appoint Neva Treiber as Finance Director.

A motion was made by Commissioner Stephens, seconded by Commissioner O’Neal, to approve Neva Treiber as Finance Director based on City Manager’s recommendation. Motion carried 5-0.

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

AGENDA ITEM NO. 12: Consider appointment of Neva Treiber as City Treasurer.

A motion was made by Commissioner O’Neal, seconded by Commissioner Stephens, to approve the appointment of Neva Treiber as City Treasurer. Motion carried 5-0.

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

AGENDA ITEM NO. 13: Consider a resolution supporting continued participation in the Main Street Program.

Resolution No. 6309 was introduced and the title read aloud.

RESOLUTION NO. 6309 ENTITLED “A RESOLUTION SUPPORTING CONTINUED PARTICIPATION IN THE MAIN STREET PROGRAM.”


COMMISSIONER STEPHENS NOT PRESENT DURING VOTE

A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, that the Title and Resolution No. 6309 be approved. Motion carried 4-0.

AYE: Peterson, Schrzan, O’Neal, Mills
NAY: None

COMMISSIONER STEPHENS NOW PRESENT

AGENDA ITEM NO. 14: Discuss and consider City of Tecumseh’s request to tap into the City of Shawnee’s raw water transmission line.

Utility Director Jim Bierd indicated that due to the age of the transmission line and the fact that it is a primary line supplying water to Shawnee citizens, he could not recommend tapping into the line at this time. Commissioner Stephens concurred stating she was not comfortable granting this request due to the age of the line and risk involved. She further indicated that this request had been made to the work group during a meeting with Tecumseh representatives, however, the group felt it was a decision that should be made by the entire Commission. A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to deny the request to tap into the City of Shawnee’s raw water transmission line. Motion carried 5-0.

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

AGENDA ITEM NO. 15: Consider renewal of airport lease with Ron Davis d/b/a Control Center, LLC.

Assistant Airport Manager Jerry Sharp requests that the Commission consider renewal of airport lease with Ron Davis d/b/a Control Center, LLC.
Mr. Sharp stated that Mr. Davis is currently renting 900’ square feet but has requested that the Advisory Board increase the leased area to 1650 square feet. Mr. Davis’ rental rate will now be $2310.00 per year.

A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve renewal of airport lease with Ron Davis d/b/a Control Center, LLC., with increased footage and rental rate.



Motion carried 5-0.

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

AGENDA ITEM NO. 16: Consider acceptance of Taxiway Reconstruction Project and placing maintenance bonds into effect. (Deferred from 7/16/07)

City Engineer John Krywicki indicated that he had examined this project had approved it. A motion was made by Commissioner Stephens, seconded by Vice Mayor Peterson, to accept Taxiway Reconstruction Project and placing maintenance bonds into effect. Motion carried 5-0.

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

AGENDA ITEM NO. 17: Consider addendum to WAVE Technologies, Inc. lease at Shawnee Regional Airport. (Deferred from 716/07)

The Airport Advisory Board is requesting approval of an addendum to the lease with Wave Technologies, Inc. to allow the City to pay for the replacement of the air conditioning system at the former Army Reserve Building.

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to approve the addendum to pay for the air conditioning system at the building being leased by WAVE Technologies. Motion carried 5-0.

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

AGENDA ITEM NO. 18: Approve City Manager’s decision to fund emergency replacement of air conditioner at former Army Reserve building in the amount of $11,208.48.

Quotes of $9358.48 from Walker Heat and Air Conditioning to replace the non-functioning unit and $1850.00 from Rogers Electric to provide the electrical work needed for installation of the new units were the lowest quotes obtained.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, to approve the City Manager’s decision to fund the emergency replacement of the air conditioner at the former Army Reserve building in the amount of $11,208.48. Motion carried 5-0.

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

AGENDA ITEM NO. 19: Consider progress made on improvements to property located at 1005 N. Union. (Owner: Annette Davis; Deferred from 1/16/07)

Under the staff report, Mike Southard stated that no permits have been issued for this project and no activity has occurred. Pictures taken on 8/6/07 showed little, if any, change in the property’s exterior.

Lane Davis, son of the owner Annette Davis, appeared on behalf of his mother. Mr. Davis stated that financing the repairs is still an issue. His mother, who is in ill health, is continuing to try to access funds from a 401K plan for the repairs. Mr. Davis’ stated that his uncle will still do the repairs to the house once the money is available. Mr. Davis asked for additional time to continue to try and renovate the property.
Commissioner Stephens pointed out that while the Commission tries to be lenient and work with homeowners, they must also consider the surrounding neighbors and be fair to them as well.

A motion was made by Commissioner Stephens, seconded by Commissioner Schrzan, to grant an additional sixty-day extension to the owner of the property at 1005 N. Union to either secure financing or list the property for sale. Motion carried 5-0. This matter will be heard at the October 1, 2007 City Commission meeting.

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

AGENDA ITEM NO. 20: Consider progress made on improvements to property located at 707 N. Broadway. (Owner: Scott Timmons; Deferred from 4/6/07)

The Board of Adjustment granted variances so that the remodeling could occur. They limited the density from 16 units to 3 units. A permit has been issued and work is underway. Mr. Timmons was present to answer any questions and stated that the most likely occupancy date would be from 50 – 60 days from now. The Commission commended Mr. Timmons on the improvements made on the property.

A motion was made by Commissioner Stephens, seconded by Commissioner O’Neal, to reconsider progress made on property located at 707 N. Broadway at the October 1, 2007 City Commission meeting. Motion carried 5-0.

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

AGENDA ITEM NO. 21: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Hybrid and Defined Contribution Plan for Kathleen Hanes.

A motion was made by Commissioner Stephens, seconded by Commissioner Schrzan, to approve Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Hybrid and Defined Contribution Plan for Kathleen Hanes.
Motion carried 5-0.

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

AGENDA ITEM NO. 22: Consider an ordinance amending the composition of the City of Shawnee’s Beautification Committee.

During Commission discussion, it was decided to amend this ordinance further by eliminating the Community Development Director as a member and increasing the citizen members from three to six.

Ordinance No. 2323NS was introduced and the title read aloud.

ORDINANCE NO. 2323NS ENTITLED “AN ORDINANCE RELATING TO THE COMPOSITION OF THE CITY OF SHAWNEE BEAUTIFICATION COMMITTEE; AMENDING SECTION 3 OF ORDINANCE 2077NS; REDUCING THE NUMBER OF CITY COMMISSION MEMBERS FROM TWO (2) TO ONE (1); ELIMINATING THE PARKS DIRECTOR AND COMMUNITY DEVELOPMENT DIRECTOR AS MEMBERS, INCREASING CITIZEN MEMBERSHIP FROM THREE (3) TO SIX (6); PROVIDING FOR SEVERABILITY.”

A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, that the Title and Section 1 be approved. Motion carried 5-0.

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

AGENDA ITEM NO. 23: Consider an ordinance amending the current curfew in the City of Shawnee.

It is being requested that the current curfew in the City of Shawnee be moved up by one (1) hour. The new curfew hours for those under the age of 18 years are 11:00 p.m. Sunday through Thursday and 12:00 Midnight, Friday and Saturday. It was noted that allowances will be made for work, school, church or sporting activities.

After due and careful consideration Ordinance No. 2324NS was introduced and the title read aloud.

ORDINANCE NO. 2324NS ENTITLED “AN ORDINANCE RELATING TO CURFEW FOR MINORS, AMENDING THE DEFINITION OF CURFEW HOURS, SECTION 20-96, DIVISION 1, ARTICLE III OF CHAPTER 20 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; AMENDING THE BEGINNING OF CURFEW HOURS TO COMMENCE AT 11:00 O’CLOCK P.M. SUNDAY THROUGH THURSDAY AND MIDNIGHT FRIDAY AND SATURDAY; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”


A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, that the Title and Section 1 be approved. Motion carried 5-0.

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

A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve Section 7 the Emergency Clause. Motion carried 5-0.

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

Thereupon Mayor Mills declared Ordinance No. 2324NS duly passed and adopted.

AGENDA ITEM NO. 24: New Business (Any matter not known about or which could have been reasonably foreseen prior to the posting of the agenda)

There was no New Business.

AGENDA ITEM NO. 25: Administrative Reports

Under Administrative Reports, Assistant to the City Manager Toni Gray gave an update on the City’s recent move to polycarts for solid waste pick up. Ms. Gray indicated that there are still a few issues being ironed out and that second carts are now being delivered to those residents requesting them. City Manager Jim Collard commended Ms. Gray for her efforts with this project.

Dr. Collard thanked Community Development Director Mike Southard for his years of services to the City and wished him well in his new job in Ada.

Dr. Collard also reminded citizens of the public forum portion of the Water Resource Plan scheduled for August 7, 2007 at 6:30 p.m. at Gordon Cooper Vo-Tech.

Mayor Mills read a letter from Kathy Chambling regarding the condition of KidSpace Park. Ms. Chambling stated she was disappointed in the upkeep of the park and noted the graffiti and trash. Mayor Mills asked the City Manager to direct staff to investigate this complaint.

AGENDA ITEM NO. 26: Commissioners Comments

Mayor Mills announced that WAVE Technologies has received funding for a second year to remain in Shawnee and will continue to lease property from Shawnee Regional Airport.

Mayor Mills also announced that his daughter, Britan, was recently named 2nd runner up as All-State Football Queen and 3rd runner up in the National Sweetheart Contest.

Under Commissioners Comments, Commissioner Schrzan announced the upcoming marriage of his son Wayne. Commissioner Schrzan stated the wedding would be at St. Benedict’s Church with the reception at the Aldridge Hotel ballroom.


AGENDA ITEM NO. 27: Adjournment

There being no further business to be considered, a motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that the meeting be adjourned. Motion carried 4-1. (8:18 p.m.)

AYE: Peterson, O’Neal, Mills, Stephens
NAY: Schrzan


_________________________
CHUCK MILLS, MAYOR
(SEAL)

ATTEST:
________________________________
PHYLLIS LOFTIS, DEPUTY CITY CLERK





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