BOARD OF CITY COMMISSIONERS PROCEEDINGS
JANUARY 7, 2008 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, January 7, 2008 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.
Pam Stephens Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2
Marva O’Neal Timmy Young
Commissioner Ward 3 Commissioner Ward 4
Linda Peterson Carl Holt
Commissioner Ward 5-Vice Mayor Commissioner Ward 6
INVOCATION Don Lynch
Emergency Management Director
FLAG SALUTE Mayor Mills
AGENDA ITEM NO. 1: Consider approval of Agenda:
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to pull Agenda Item No. 2(c) from the Consent Agenda and consider with Agenda Item No. 6. Motion carried 7-0.
AYE: Peterson, O’Neal, Mills, Young, Holt, Stephens, Schrzan
AGENDA ITEM NO. 2: Consider approval of Consent Agenda:
a. Minutes from the December 17, 2007 meeting.
b. Budget Amendments in the General Fund.
c. Budget Amendment and Appropriation of Available fund Balance.
d. Acknowledge the following reports and minutes:
• Airport Advisory Board minutes from October 17, 2007 and November 26, 2007.
• Shawnee Civic and Cultural Development Authority minutes from November 15, 2007.
• Planning Commission minutes from December 5, 2007.
e. Acknowledge Workers Compensation Settlement in the amount of $8,500.00 to Todd Luster.
f. Acknowledge Workers Compensation Settlement in the amount of $15,500.00 to Victor Suarez.
g. Authorize out-of-state travel for Toni Gray, Assistant to the City Manager, to attend a training course for “Advanced Public Information Officer” in Emmetsburg, Maryland from February 17-22, 2008.
h. Acknowledge a $200.00 donation from Mr. and Mrs. Clarence and Jeanne Mullins to the Shawnee Fire Department.
i. Acknowledge a donation of furniture from Lance Fenton to the Shawnee Regional Airport.
j. Consider lease agreement with Gordon Cooper Technology Center for Police Department training area.
k. Approve amended notice of meeting schedule for 2008 changing March 17, 2008 meeting to March 24, 2008.
l. Lakesite Lease Transfer:
• Lot 9, North School Tract
To: C. Slagle and J. Slagle
From: D. Coleman and D. Coleman
A motion was made by Commissioner Young, seconded by Commissioner Holt, to approve Consent Agenda Item No. 2 (a-l), less (c) as presented. Motion carried 7-0.
AYE: Young, Holt, Stephens, Schrzan, O’Neal, Mills, Peterson
AGENDA ITEM NO. 3: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 4: Mayor’s Proclamation
“Jim Bryant Day”
January 18, 2008
(accepted by Jim Bryant)
AGENDA ITEM NO. 5: Presentation by City labor attorney regarding City of Shawnee and IUPA, Local No. 3 Collective Bargaining Agreement negotiations.
Mr. Matthew Love, labor attorney for the City of Shawnee, addressed the City Commission and public to explain the status of current police negotiations. Explaining the background of the negotiations, Mr. Love stated that the IUPA and the City of Shawnee were unable to agree on a police contract; therefore, the last best offers of both were presented to an arbitration panel. The arbitrator ruled in favor of the union, which left the city two options: accept the decision of the arbitrator or submit the last best offers of both groups to a vote of the people. On December 29, 2007, the City Commission voted to allow the citizens to decide the issue.
Mr. Love outlined the differences in both offers.
The first area of discussion regards the Police Officers’ Bill of Rights, with items still in dispute as follows: The makeup of the Police Review Board, the requirement to hire a court reporter for all testimony at board hearings, the amount of time allowed the Chief of Police to render disciplinary action and the change of language relating to the requirement that all issued property be returned to the officer upon reinstatement after suspension without pay.
Mr. Love also touched on other areas of disagreement as follows: Health insurance, incentive pay for marksman and sharpshooters, wages, reducing the number of minimum years of service before an officer can be eligible for the rank of corporal and take-home vehicle policy.
The date of the election is set for April 1, 2008. The IUPA is requesting the City develop the ballot language which the Union will have the right to approve. In the event the contract disputes are settled prior to the election, this issue can be removed from the ballot. However, the Ward 4 and Ward 6 Commission seats would still be on the ballot.
Mayor Mills stated that he felt the City had negotiated in good faith. Commission Schrzan cautioned Commissioners to be very careful when commenting on these issues because the Commission is not part of the bargaining process.
Responding to a question from Vice Mayor Peterson, Mr. Love indicated that City officials can provide to the public factual information regarding the issue, however, cannot urge people to vote any particular way. City funds cannot be used in any manner to present the City’s views to the public.
Chief Mathis stated the issue is about power and who’s going to run the department.
AGENDA ITEM NO. 6: Consider action taken on bids received for Emergency Public Improvement-Cleanup of Ice Storm Debris.
AGENDA ITEM NO. 2(c) Budget Amendment and Appropriations of Available Fund Balance.
Emergency Management Director Don Lynch stated that the government will reimburse 75 percent, while the state will reimburse 12.5 percent. Shawnee will pay 12.5 percent. The city is required by federal regulations to have the debris removed before reimbursement. Therefore, Mr. Lynch is requesting that a budget amendment and appropriation of available fund balance in the amount of $300,000 be approved.
Mr. Lynch then reported to the Commission that Tompkins & Co. was awarded the ice storm debris cleanup contract in the amount of $107 per ton. Allied Waste landfill in Earlsboro will be utilized and will charge $8.00 a ton tipping fee. Mr. Lynch also noted that FEMA requires monitors at each loading site and at the landfill site to guard against fraud. City crews will be utilized to monitor at the current debris removal sites at the Airport, Dockrey Park and the Park & Ride. The City will hire monitors to accompany crews when they begin the cleanup through residential areas.
A motion was made by Vice Mayor Peterson and seconded by Commissioner Schrzan to approve Item 2(c) Budget Amendment and to affirm the bid award to Tomkins and Associates.
AYE: Peterson, Schrzan, O’Neal, Mills, Young, Holt, Stephens
COMMISSIONER SCHRZAN LEFT AT 8:30 P.M.
AGENDA ITEM NO. 7: Consider progress made on improvements to property located at 1005 N. Union. (Owner: Annette Davis; Deferred from 10/01/07)
Holly Johnson, daughter of the homeowner, appeared to speak to this agenda item. She stated that the property was still for sale and that a recent offer of $45,000 was accepted but fell through. She said the property is listed with a Realtor and asked Commissioners to allow them to continue to try and sell the property.
Mike Cox, Code Enforcement Officer, said the building is secure and would have no objection allowing the homeowners additional time to attempt to sell the property.
A motion was made by Commissioner Holt, seconded by Vice Mayor Peterson, to defer consideration of the property located at 1005 N. Union for 90 days. Motion carried 6-0.
AYE: Holt, Peterson, Stephens, O’Neal, Mills, Young
CITY COMMISSION RECESSED AT 8:40 P.M. FOR A 5 MINUTE BREAK
CITY COMMISSION RECONVENED AT 8:45 P.M.WITH SIX COMMISSIONERS PRESENT
AGENDA ITEM NO. 8: Public hearing and consider an ordinance to rezone property at 2025 E. MacArthur from A-1; Agricultural to C-3; Commercial, Automotive and Recreation for Commercial use. (Deferred from 12/17/07)
(Applicant: Robert and Alethia Woodmore)
This application was first heard on the Shawnee Planning Commission meeting of December 5, 2007. The item was continued until the January 2008 Planning Commission meeting to allow time for the applicant to prepare a site plan for consideration of a C1-P zoning designation to allow a mini storage. The applicant has requested this item be continued until the February 6, 2008 planning commission meeting because he is now in the process of working with an engineer to prepare a site plan.
A motion was made by Commissioner Holt, seconded by Commissioner O’Neal, to defer consideration of rezoning property at 2025 E. MacArthur until the February 19, 2008 City Commission meeting. Motion carried 6-0.
AYE: Holt, O’Neal, Mills, Young, Peterson, Stephens
AGENDA ITEM NO. 9: Public hearing and consider an ordinance to rezone property at 712 E. Highland from R-1; Residential to C-3; Automotive, Commercial and Recreation.
(Applicant: John Weger o/b/o Shawnee Auto Mall)
A motion was made by Commissioner Young, seconded by Commissioner Holt, to defer consideration of an ordinance to rezone property at 712 E. Highland until the February 19, 2008 commission meeting. Motion carried 6-0.
AYE: Young, Holt, Stephens, O’Neal, Mills, Peterson
AGENDA ITEM NO. 10: Public hearing and consider an ordinance to approve a Conditional Use Permit at 31300 Homer Lane Road to allow for a mobile home in A-1; Agricultural District.
(Applicant: Jeff and Justine Price)
Mayor Mills declared a public hearing in session to consider an Ordinance to approve a Conditional Use Permit at 31300 Homer Lane Road to allow for a mobile home.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning.
Staff has previously recommended that a standard be established for manufactured homes. These conditions/requirements are in addition to any development (set-backs, coverage, paving, etc.) standards as required by the Shawnee Zoning Code. The conditions are:
1. The unit must bear a seal certifying compliance with the Federal Manufactured Construction and Safety Standards as revised on April 1, 1995.
2. The unit is dual sectional with a minimum front width of Twenty-four (24) feet and a minimum floor area of One thousand (1,000) square feet.
3. The unit must be attached to a continuous concrete or concrete block foundation that complies with the Building Code. The foundation must be an excavated and backfilled foundation, enclosed at the perimeter with the finished floor being a minimum of Twenty-four (24) inches above the exterior grade of the lot on the uphill side of the house.
4. The roof must be a gable or hip type construction with at least Class C shingle roofing material. The roof slope must have a vertical rise of Three (3) inches for every Twelve (12) inches of horizontal run with a minimum eave projection and roof overhang of Eight (8) inches, which may include guttering.
5. Covered front and rear porches and site-built steps must be constructed with exterior materials matching the structure.
The Shawnee Planning Commission approved this rezoning request with the amendment to Requirement No. 3 as follows:
3. Foundations/footings required as per the Shawnee Building Code (i.e. as per the manufacturers’ installation instructions.
There were no formal written protest filed with the City Clerk’s office. No others appeared and the public hearing was closed.
After due and careful consideration Ordinance No. 2336NS was introduced and the title read aloud.
ORDINANCE NO. 2336 NS 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: THE EAST HALF OF THE SOUTHWEST QUARTER (E/2 SW/4) OF SECTION NINE (9), TOWNSHIP TEN (10) NORTH RANGE TWO (2) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO A-1P; AGRICULTURAL WITH CONDITIONAL USE PERMIT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”
A motion was made by Commissioner Young, seconded by Vice Mayor Peterson, that the Title and Section 1 be approved with the amendment to Requirement No 3. Motion carried 6-0.
AYE: Young, Peterson, Stephens, O’Neal, Mills, Holt
Thereupon Mayor Mills declared Ordinance No. 2336NS duly passed and adopted.
AGENDA ITEM NO. 11: Public hearing and consider an ordinance to rezone property at 4031 N. Union from A-1; Agricultural to R-1; Residential with a Conditional Use Permit to allow for a day care.
(Applicant: Amie McDaniel)
Mayor Mills declared a public hearing in session to consider an ordinance to rezone property at 4031 N. Union to allow for a day care.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning.
Staff report was given noting that the request conforms to the Comprehensive Plan. Staff recommends approval of the request to rezone from A-1; Agricultural District to R-1P; Residential with a Conditional Use Permit to allow for a Day Care.
One formal written protest was filed in the clerk’s office by Bobby D. Vanderburg. No one appeared to speak for or against this issue and the public hearing was closed.
After due and careful consideration Ordinance No. 2337NS was introduced and the title read aloud.
ORDINANCE NO. 2337NS 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 FIVE (5), SIX (6), SEVEN (7), EIGHT (8), NINE (9), TEN (10), ELEVEN (11), TWELVE (12), THIRTEEN (13), FOURTEEN (14), FIFTEEN (15), SIXTEEN (16) BLOCK THIRTY-SEVEN, ARMOURDALE ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO R-1P; SINGLE FAMILY RESIDENTIAL WITH CONDITIONAL USE PERMIT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”
A motion was made by Commissioner Stephens, seconded by Vice Mayor Peterson, that the Title and Section 1 be approved.
Motion carried 6-0.
AYE: Stephens, Peterson, Holt, O’Neal, Mills, Young
Thereupon Mayor Mills declared Ordinance No. 2337NS duly passed and adopted.
AGENDA ITEM NO. 12; Consideration to grant a variance to the Subdivision Preliminary Plat Preparation and Approval Procedure, Article VIII, Section 80.2.1 for the preliminary plat of Vision Bank Addition, Section 1 AND consideration of approval of the preliminary plat of Vision Bank, Addition Section 1 located on the east side of North Harrison and south of 45th Street.
(Applicant: Mike McQuain)
Nancy McNayr gave the staff report for this item and the applicant also appeared to answer questions. Applicant is requesting a variance to the subdivision regulations Article VII, Section 80.2.1 to allow him to proceed with construction of a Golf U.S.A. on the north side of the property in question. This property has on-site detention for drainage. Commissioners discussed drainage concerning the adjacent property where a hydrologic survey is being performed. Commissioner Stephens stressed the need to establish consistency in planning/zoning issues. The Planning Commission and staff both have recommended approval of the variance.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to approve the variance to the Subdivision Preliminary Plat Preparation and Approval Procedure, Article VIII, Section 80.2.1 for the preliminary plat of Vision Bank Addition, Section 1. Motion carried 6-0.
AYE: Peterson, Young, Holt, Stephens, O’Neal, Mills
The Commission then discussed the request to approve the preliminary plat of the Vision Bank Addition Section 1. Technical issues to the preliminary plat are as follows:
1. The request for a variance to the Subdivision Regulations, Article VIII, Section 80.2.1 Preliminary Plat Preparation and Approval Procedure must be approved by the Planning Commission in order for the preliminary plat to be heard.
2. Public water lines are required to be extended across all street frontage.
3. Sidewalks are required on each side of any street classified as a collector or arterial. Vision Boulevard will be required to have a sidewalk on both the north side and south side.
4. Street designs must be in accordance with Shawnee street standards.
5. A 20’ utility easement must be provided along the perimeter of all subdivisions when abutting unplatted property for a 10’off-site easement.
6. “Limits-of-no-Access” is required on the lot frontages on Harrison
7. The Shawnee Fire Department may review the final street layout to resolve any turning movement issues.
8. Landscaping will be required as per the Shawnee Zoning Code with any development of this property.
Two variances were requested to the preliminary plat as follows:
(1) Section 40.2.8 of the Shawnee sidewalk ordinances that requires a six foot sidewalk.
The preliminary plat proposes a four foot sidewalk along both sides of Vision Boulevard. A six-foot sidewalk will be required along Harrison Street
(2) Section 40.2.1, Table 1, note (2) which requires a “turn-around” at the end if a dead-end street that is more than 150 feet in length.
Only two uses will gain access from Vision Boulevard. The current layout provides an available turning movement. The Fire Department has reviewed and given verbal approval.
A motion was made by Vice Mayor Peterson and seconded by Commissioner Stephens to approve the preliminary plat of Vision Bank Addition Section 1 subject to technical issues 1 – 8 and the requested variances as set out above. Motion carried 6-0
AYE: Peterson, Stephens, O’Neal, Mills, Young, Holt
AGENDA ITEM NO. 13: Consider approval of the final plat of Vision Bank Addition, Section 1 located on the east side of North Harrison and south of 45th Street.
(Applicant: Mike McQuain)
Staff recommends approval of the Final Plat of Vision Bank Addition, Section 1 subject to Technical Issues 1-9 and the additional variances:
1. Public water lines are required to be extended across all street frontage.
2. Building setbacks must be shown on the Final Plat.
3. A 20’ utility easement must be provided along the perimeter of all subdivisions when abutting unplatted property or a 10’ utility easement is require if accompanied by a 10’off-site easement (40.2.3.B)
4. The plat identifies the governing body as the “City Council” when Shawnee is governed by the “City Commission”.
5. The Final Plat should be identified as “Sheet 1 of 1”
6. Sidewalks are required on both sides of any street classified as a collector or arterial; Vision Boulevard is a collector street.
7. Street signs must be in accordance with Shawnee Street standards.
8. “Limits-of-no-Access” is required on Harrison
9. The Shawnee Fire Department may review the final street layout to resolve any turning movement issues.
A motion was made by Commissioner Young, seconded by Commissioner Stephens, to accept staff’s recommendation to approve final plat of Vision Bank Addition Section 1, subject to technical requirements 1-9 and reaffirming the two variances previously approved. Motion carried 6-0.
AYE: Young, Stephens, O’Neal, Mills, Peterson, Holt
AGENDA ITEM NO. 14: 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
Under Administrative Reports, City Engineer John Krywicki reported on the lighting project for Airport Drive. Mr. Krywicki met with Charles Rodin of O.G. & E recently and was informed that 25 – 30 lights would be needed for the one mile area. There could also be options for decorative lighting. Mr. Krywicki would like to refer this project to the Beautification Committee for their input. He expects to have more information for the Commission at the next regular City Commission meeting on January 22, 2008.
Mr. Krywicki also reported on the new signal head installed at Shawnee Mall Drive with a left turn protected movement device.
Utility Director Jim Bierd reported that he anticipates the City will be ready to switch to chloramines by January 21, 2008. He advised that the City will then begin flushing hydrants. Mr. Bierd will also try to coordinate with the Fire Department to correspond with their required flushing for their ISO rating.
City Manager Jim Collard reported on new security measures at City Hall, such as the lobby gate. He also mentioned additional lighting to the parking lot on the north side of the building.
He also reminded Commissioners of the work session scheduled for January 14, 2008 at 6:30 p.m. regarding economic development issues
AGENDA ITEM NO. 16: Commissioners Comments
Under Commissioners Comments, Mayor Mills discussed the next phase of the “Horse in the City” project. He said these horses will be posed differently and encourages area businesses to participate. He believes he has ten or twelve additional horses sold at this time.
Commissioner O’Neal requested information regarding the status of the repairs to the Customer Service drive-thru window. Don Lynch reported that he was in the process of getting bids from two awning companies and expected the repair work would begin within two weeks.
Commissioner Holt read a letter from a relative who recently visited Shawnee and wanted to share how much she enjoyed seeing the horses from the “Horse in the City” project.
Commissioner Young reminded everyone of Jim Bryant’s induction into the Shawnee Basketball Hall of Fame January 18th and the Martin Luther King Celebration on January 20th at Galilee Baptist Church.
AGENDA ITEM NO. 17: Adjournment
There being no further business to be considered, a motion was made by Vice Mayor Peterson, seconded by Commissioner Young, that the meeting be adjourned. Motion carried 6-0. (10:10 p.m.)
AYE: Peterson, Young, Holt, Stephens, O’Neal, Mills
CHUCK MILLS, MAYOR
PHYLLIS LOFTIS, CITY CLERK
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