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Date: 3/24/2008Board: City CommissionDocumentType: MinutesWeb Posted: 4/8/2008 3:07:24 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
MARCH 24, 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, March 24, 2008 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Vice Mayor Peterson presided and called the meeting to order. Upon roll call, the following members were in attendance.

Absent
Mayor

Pam Stephens Schrzan
Commissioner Ward 1 Commissioner Ward 2

Absent Timmy Young
Commissioner Ward 3 Commissioner Ward 4

Linda Peterson Carl Holt
Commissioner Ward 5-Vice Mayor Commissioner Ward 6

ABSENT: Mills, O’Neal

INVOCATION REV. LEROY KERBO
OAK PARK CHURCH OF GOD

FLAG SALUTE Boy Scout Troop 408

AGENDA ITEM NO. 1: Consider approval of Agenda:

A motion was made by Commissioner Holt, seconded by Commissioner Young, to approve the Agenda. Motion carried 5-0.

AYE: Holt, Young, Peterson, Stephens, Schrzan
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
No. 23.

b. Minutes from the February 25, 2008, March 3, 2008, and March 10, 2008 meetings.

c. Transfer of Budget Between Departments Capital Improvement Fund 301

d. Budget Amendment (Between Departments and Projects) Street Improvement Fund

e. Transfer of Budget Between Departments Capital Improvement Fund

f. Appropriation of Beginning Fund Balance

g. Budget Amendments for Projects Funded from Capital Improvements Fund 301 and SMA Fund 501.

h. Acknowledge the following reports and minutes:

• Beautification Committee minutes from February 4, 2008
• Shawnee Urban Renewal Authority minutes from
February 5, 2008
• Planning Commission minutes from February 20, 2008
• Sales Tax Collections Report through March 2008

i. Approve out of state travel for Sergeant Mason Wilson to attend Professional Standards School in Plano, TX from April 20-25, 2008.

j. Approve out of state travel for Firefighter David Anderson and Firefighter Tony Adams to attend “Keeping Tradition Alive-Inaugural Pipes, Drums & Honor Guard Symposium” in Lewisville, TX from May 1-2, 2008.

k. Consider authorizing staff to advertise for bids on the Broadway Street Paving Project from Highland Street to Seventh Street.

l. Consider authorizing staff to advertise for bids on the Rosa Street Paving Project from Kickapoo Street to Ione Street.

m. Consider authorizing staff to advertise the Rehab Asphalt Streets Paving Project that include Main Street from Kickapoo Street to Harrison Street, Kickapoo Street from Seventh Street to Farrall Street, Highland Street from Kickapoo Street to Ione Street, and Airport Drive from Independence Street to MacArthur Street.

n. Acknowledgement of DEQ Permit to construct sanitary sewer for Shawnee Mission Plaza, Section 8.

o. Acknowledge receipt of letter from the National Weather Service renewing the StormReady Accreditation for the City of Shawnee.

p. Lakesite Lease Transfer: (deferred from March 10, 2008 meeting)

• Lot 1, Mosler Tract
To: G. Brown and T. Brown
From: J. Thompson

Before voting on the Consent Agenda, City Manager Jim Collard asked that Consent Agenda No. 2(g) be pulled for separate consideration. Vice Mayor Peterson also requested Consent Agenda Item No. 2 (a), (b), and (h) be considered separate as well.
A motion was made by Commissioner Young, seconded by Commissioner Stephens, to approve Consent Agenda Item No. 2 (a-p), less (a), (b), (g), and (h), as presented. Motion carried 5-0.

AYE: Young, Stephens, Schrzan, Peterson, Holt
NAY: None

Under Consent Agenda Item No. 2 (a) concerning acknowledgement of opening and consideration of bids as set forth in Agenda Item No. 23. It was noted that the correct Agenda Item number should be 24.
Concerning Agenda Item No. 2(b), Vice Mayor Peterson requested changes to the minutes of the March 3 and March 10, 2008 minutes. She asked that the March 3rd minutes (Items 10 & 11) regarding the preliminary and final plat of the Villagio property be changed to show the property is located south of 36th Street, not 39th Street. Further, the ordinance number was inadvertently omitted from Agenda Item No. 16, which should reflect that Ordinance No. 2340NS was duly passed and adopted on March 3, 2008. She requests the sentence in Agenda Item No. 4 of the minutes of March 10th which states: “Vice Mayor Peterson suggested that the mayor appoint another advisory group to oversee the City’s future water needs and issues” be changed to show that her intent was to include members of the Citizens’ Advisory Group in water issues.
Under Consent Agenda Item No. 2(h) concerning the Shawnee Beautification Committee minutes, the meeting date should be corrected to February 4, 2008 instead of February 4, 2007.
A motion was made by Commissioner Stephens, seconded by Commissioner Young, to approve Consent Agenda Item No. 2 (a), (b), and (h) with corrections. Motion carried 5-0.

AYE: Stephens, Young, Peterson, Holt, Schrzan
NAY: None

Under Consent Agenda Item No. 2(g) concerning Budget Amendments for Projects Funded from Capital Improvements Fund 301 and SMA Fund 501, Dr. Collard requested that these specific budget amendments be deferred to a future meeting, but requested approval the remaining amendments listed under this agenda item.
A motion was made by Commissioner Stephens, seconded by Commissioner Holt, to defer Budget Amendments for Projects Funded from Capital Improvement Funds 301 and SMA Fund 501. Motion carried 5-0.

AYE: Stephens, Holt, Schrzan, Young, Peterson
NAY: None

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

Under Citizens Participation, Tom Smith presented plans for the Veterans’ Park. Mr. Smith indicated that the costs associated with this project may go as high as 1.5 million dollars. Mr. Smith explained that the plans call for a 50’ star with flags at each point of the star. It would also include a 36’ flag pole with the American flag. At this time, Mr. Smith has raised approximately $1,000 from the sale of bricks, which can be inscribed with the name of the veteran, the military unit and the dates of military service. Mr. Smith will provide the Commission a copy of these plans.

Roger Henson, Scoutmaster of Troop 408, introduced the scouts who were present and provided the flag salute at this meeting.

Mr. Chris Low, Shawnee Soccer Association, asked that the City of Shawnee not consider the purchase of property located on West Independence at tonight’s meeting. This item was on the agenda for consideration to purchase the property for use as soccer fields. Mr. Low stated that their board has some concerns and they are not yet ready to be locked into this specific piece of property.
Mr. Scott Warren, Shawnee Soccer Association, also requested a deferral of this agenda item. Mr. Warren stated that several sites within the City had been considered in the past and he has concerns that the Independence Street site would not be large enough. He felt that other sites might fit their needs better and would like to have more time to consider other possible sites.

AGENDA ITEM NO. 4: Mayor’s Proclamations and Presentations:
“Arbor Day”
March 27, 2008
(accepted by Tom Terry)

“Child Abuse Prevention Month”
April 2008
(accepted by Cara Wilkinson)

AGENDA ITEM NO. 5: Discuss and consider request from Sustainable Shawnee for a fee free garage sale weekend on April 11-12-13, 2008.

Cody Deem, representing Sustainable Shawnee, requested that the City of Shawnee allow a fee free garage sale weekend on April 11-13, 2008. This is the weekend preceding the City Wide Spring Clean-up Day on April 19th. Ms. Deem said their group will do everything possible to publicize and encourage all Shawnee citizens to take advantage of the clean-up opportunity if they are granted this request. Toni Gray, Assistant to the City Manager, said that for this event only, all garage sale signs should be obtained privately instead of through the city.
A motion was made by Commissioner Stephens, seconded by Commissioner Young, to waive Sections 8-431 and 8-434 of the Code of the City of Shawnee involving garage sale licenses and fees for the weekend of April 11-13, 2008. Motion carried 5-0.

AYE: Stephens, Young, Peterson, Holt, Schrzan
NAY: None

AGENDA ITEM NO. 6: Public hearing and consider an ordinance to rezone property from A-1; Agricultural District Permit for property located at 2025 E. MacArthur. (Applicant: Robert and Alethia Woodmore) Continued from February 19, 2008

Vice Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property located at 2025 E. MacArthur.
Nancy McNayr gave the staff report regarding the rezoning application for this property. Ms. McNayr discussed the location and the technical issues required. Ms. McNayr indicated that city staff recommended this rezoning with additional considerations such as a brick wall to buffer the proposed business from residential areas. Ms. McNayr also noted that the Planning Commission recommended denial of this rezoning. A petition with the names of residents in the area of this rezoning has been filed with the City Clerk. The petition cites concerns of increased traffic, noise and trash in the area if this rezoning is approved. It was noted by Ms. McNayr that only 25-30% of the names on the petition were obtained from residents within the 300’ legal radius.
Vice Mayor Peterson asked if any persons wished to speak in favor of or in protest of the rezoning. The applicant, Robert Woodmore, spoke regarding his plans to make this business an “upscale” facility and expressed his willingness to work out the issues with the homeowners. Mr. Woodmore also pointed out other commercial businesses in the area.
Those speaking against this rezoning were Fred Ernst, Will Walker and Don Weir.
Before asking for a motion, Vice Mayor Peterson noted that the existing commercial businesses in the area were annexed into the City several years ago, along with residential areas.
A motion was made by Commissioner Schrzan, seconded by Commissioner Holt, to deny rezoning request for property located at 2025 E. MacArthur. Motion carried 5-0.

AYE: Schrzan, Holt, Stephens, Young, Peterson
NAY: None

AGENDA ITEM NO. 7: Public hearing and consider preliminary plat for Woodmore Addition located at 2025 E. MacArthur. (Applicant: Robert Woodmore)

Ms. McNayr noted that this property still has to be rezoned and platted in order to be developed. The Planning Commission has deferred their recommendation of the preliminary plat to their April 2, 2008 meeting. A motion was made by Commissioner Schrzan, seconded by Commissioner Young, to defer consideration of the preliminary plat for Woodmore Addition located at 2025 E. MacArthur until April 7, 2008. Motion carried 5-0.

AYE: Schrzan, Young, Peterson, Holt, Stephens
NAY: None

AGENDA ITEM NO. 8: Public hearing and consider final plat for Woodmore Addition located at 2025 E. MacArthur. (Applicant: Robert Woodmore)

A motion was made by Commissioner Young, seconded by Commissioner Stephens, to defer the final plat for Woodmore Addition located at 2025 E. MacArthur until April 7, 2008 City Commission meeting. Motion carried 5-0.

AYE: Young, Stephens, Schrzan, Peterson, Holt
NAY: None

AGENDA ITEM NO. 9: Public hearing and consider an ordinance to rezone property from R-1; Residential to C-3; Automotive, Commercial and Recreation for property located at 2555 N. Harrison. (Applicant: Mark and Catherine Sehorn)

Vice Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property located at 2555 N. Harrison.
No one appeared to speak in favor of or in protest of the rezoning. No formal written protests were filed with City Clerk’s Office. Nancy McNayr noted that the Shawnee Future Land Use Plan Map designates the western 10 acre tract of the subject property for residential/commercial uses. A vacant 10 acre tract east of the subject site is currently zoned A-1, Agricultural. The Planning Commission recommends approval of this zoning application. Staff considers the proposed rezoning to C-3; Automotive and Commercial Recreation District to be in conformance with the Comprehensive Plan and Future Land Use Map and recommends approval with the following Technical Issues required:

TECHNICAL ISSUES:

1. The subject property is currently not platted in a lot and block configuration. The Shawnee Subdivision Regulations require that property be platted in accordance with the Subdivision Regulations prior to development. A Preliminary Plat covering the entire 20 acre tract (under one (1) ownership) must be submitted with an appropriate Final Plat prior to development of any portion of the tract.
2. The subject site abuts residential property (zoned R-1) on the north. Appropriate sight proof screening will be required.
3. As part of any subdivision process, Building Permit, or Zoning Clearance Permit sidewalks, fencing, lighting, and landscaping will be required as per Shawnee Codes.

After due and careful consideration Ordinance No. 2341NS was introduced and the title read aloud.


ORDINANCE NO. 2341NS “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 BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER (NW/4) OF SECTION EIGHT (8), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE S00º06’10”W ALONG THE WEST LINE OF THE NORTHWEST QUARTER (NW/4) OF SAID SECTION A DISTANCE OF 660.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE N89º26’09”E A DISTANCE OF 310.88 FEET; THENCE N01º45’15”E A DISTANCE OF 264.50 FEET; THENCE N89º31’49”E A DISTANCE OF 341.30 FEET: THENCE S00º05’29”W A DISTANCE OF 264.06 FEET; THENCE S00º06’10”W A DISTANCE OF 671.27 FEET; THENCE S88º52’55”W A DISTANCE OF 314.94 FEET; THENCE N00º02’55”E A DISTANCE OF 232.63 FEET; THENCE S89º10’12”W A DISTANCE OF 304.77 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF HIGHWAY 18 BOOK 440, PAGE 203; THENCE N00º06’10”E ALONG SAID RIGHT-OF-WAY A DISTANCE OF 67.84 FEET; THENCE N89º53’50”W A DISTANCE OF 40.00 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER(NW/4 NW/4) OF SAID SECTION; THENCE N00º06’10”E ALONG THE WEST LINE OF THE NORTHWEST QUARTER (NW/4) OF SAID SECTION A DISTANCE OF 375.11 FEET TO THE POINT OF BEGINNING…LESS AND EXCEPT A TRACT OFF THE WEST LINE FOR ADDITIONAL RIGHT-OF-WAY HIGHWAY 18 (HARRISON), MORE PARTICULARLY DESCRIBED AS BEGINNING AT A DISTANCE OF 660.00 FEET S00º06’10”W OF THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW/4 NW/4) OF SAID SECTION 8; THENCE N89º26’09”E A DISTANCE OF 45.00 FEET; THENCE S00º06’10”W AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER (NW/4) A DISTANCE OF 443.39 FEET; THENCE S89º10’12”W A DISTANCE OF 5.00 FEET; N00º06’10”E A DISTANCE OF 67.84 FEET; THENCE N89º53’50”W A DISTANCE OF 40.00 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW/4 NW/4) OF SAID SECTION; THENCE N00º06’10”E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW/4 NW/4) OF SAID SECTION A DISTANCE OF 375.11 FEET TO THE POINT OF BEGINNING, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM R-1; RESIDENTIAL TO C-3; AUTOMOTIVE, COMMERCIAL AND RECREATION DISTRICT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Schrzan, seconded by Commissioner Stephens, to approve the staff recommendation to rezone property at 2555 N. Harrison to C-3; Automotive and Commercial Recreation District with Technical Issues 1 – 3. Motion carried 5-0.

AYE: Schrzan, Stephens, Young, Peterson, Holt
NAY: None

Thereupon, Vice Mayor Peterson declared Ordinance No. 2341NS duly passed and adopted.

AGENDA ITEM NO. 10: Public hearing and consider an ordinance to rezone property from C-3; Automotive, Commercial and Recreation to C-3P; Automotive, Commercial and Recreation with a Conditional Use for property located at 1506 N. Harrison. (Applicant: Kelly and Stephanie Stafford)

Vice Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property located at 1506 N. Harrison to C-3 with Conditional Use Permit for Tattoo Parlor.
The site is a single commercial structure and staff recommends approval of the rezoning to C-3P and recommends approval of the Conditional Use Permit request to operate a tattoo studio.
No formal protests were filed with the City Clerk’s office. No one appeared in protest of the rezoning and the public hearing was closed.

After due and careful consideration Ordinance No. 2344NS was introduced and the title read aloud.

ORDINANCE NO. 2344NS 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 200 FEET NORTH OF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE/4) OF SECTION 7 TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE WEST 200 FEET; THENCE NORTH 100 FEET; THENCE EAST 200 FEET; THENCE SOUTH 100 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM C-3; AUTOMOTIVE AND COMMERCIAL RECREATION DISTRICT TO C-3P; AUTOMOTIVE AND COMMERCIAL RECREATION DISTRICT WITH CONDITIONAL USE PERMIT AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Holt, seconded by Commissioner Stephens, to approve the rezoning of property located at 1506 N. Harrison to C-3P; Automotive and Commercial Recreation District with Condition Use Permit. Motion carried 4-1.

AYE: Holt, Stephens, Schrzan, Peterson
NAY: Young

Thereupon, Vice Mayor Peterson declared Ordinance No. 2344NS duly passed and adopted.

AGENDA ITEM NO. 11: Public hearing and consider an ordinance to rezone property from C-3; Automotive, Commercial and Recreation to C-3P; Automotive, Commercial and Recreation with a Conditional Use for property located at 5105 N. Harrison. (Applicant: Mirza Beg obo Metro Mart Inc.)

Vice Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property located at 5105 N. Harrison for Conditional Use Permit to allow for the sale of beer for off premise consumption.
The site is the current location of a convenience store and gasoline station. The convenience store previously sold beer for off-premise consumption. The store owners/operators have changed and therefore must apply for a conditional use permit to continue the sale of beer for off-premise consumption.
No formal written protests were filed with the City Clerk. The Planning Commission recommended approval of this zoning request.
After due and careful consideration Ordinance No. 2342NS was introduced and the title read aloud.

ORDINANCE NO. 2342NS 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 128.05 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER (N/2 S/2 NW/4) OF SECTION THIRTY-TWO (32), TOWNSHIP ELEVEN (11) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE S89º49’18”E A DISTANCE OF 300 FEET TO A POINT; THENCE NORTHERLY AT A 90º ANGLE A DISTANCE OF 200 FEET TO A POINT; THENCE WESTERLY AT A 90ºANGLE A DISTANCE OF 300 FEET TO A POINT; THENCE SOUTHERLY AT A 90º ANGLE 200 FEET TO THE PLACE OF BEGINNING, LESS AND EXCEPT THE EAST 170 FEET THEREOF; REZONING SAID PROPERTY FROM C-3; AUTOMOTIVE AND COMMERCIAL RECREATION DISTRICT TO C-3P; AUTOMOTIVE AND COMMERCIAL RECREATION DISTRICT WITH CONDITIONAL USE PERMIT AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Schrzan, seconded by Commissioner Holt, to approve the rezoning of property located 5106 N. Harrison to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit, with the requirement that all state and local permits be obtained by the owner. Motion carried 4-1.

AYE: Schrzan, Holt, Stephens, Peterson
NAY: Young

Thereupon, Vice Mayor Peterson declared Ordinance No. 2342NS duly passed and adopted.

AGENDA ITEM NO. 12: Public hearing and consider an ordinance to rezone property from C-3; Automotive, Commercial and Recreation to C-3P; Automotive, Commercial and Recreation with a Conditional Use for property located at 39609 Independence. (Applicant: Mirza Beg obo Metro Mart Inc.)

Vice Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property located at 39609 W. Independence for Conditional Use Permit to allow for the sale of beer for off premise consumption. No one appeared in favor of or in protest of this requested rezoning and the public hearing was closed.
The property is the current location of a convenience store and gasoline station that sells beer for off-premise consumption. The store owners/operators have changed and therefore must apply for a conditional use permit to continue the sale of beer. Staff recommends the approval of this rezoning contingent upon all required state and local permits being received by the new store owners.
No written formal protests have been received by the City Clerk’s Office. After due and careful consideration Ordinance No. 2343NS was introduced and the title read aloud.

ORDINANCE NO. 2343NS 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: ALL THE PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE/4 SE/4) OF SECTION ELEVEN (11), TOWNSHIP TEN (10) NORTH, RANGE THREE (3) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, LOCATED SOUTHWEST OF THE SOUTH RIGHT-OF-WAY LINE OF U. S. HIGHWAY NO. 270 AND NORTH OF THE NORTH RIGHT-OF-WAY LINE OF INDEPENDENCE STREET EXTENDED, LESS AND EXCEPT 60’ ROADWAY EASEMENT ALONG THE WEST PROPERTY LINE; REZONING SAID PROPERTY FROM C-3; AUTOMOTIVE AND COMMERCIAL RECREATION DISTRICT TO C-3P; AUTOMOTIVE AND COMMERCIAL RECREATION DISTRICT WITH CONDITIONAL USE PERMIT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Holt, seconded by Commissioner Schrzan, to approve the rezoning of property located at 39609 W. Independence to C-3P with Conditional Use Permit contingent upon applicant obtaining all state and local permits. Motion carried 4-1.

AYE: Holt, Schrzan, Peterson, Stephens
NAY: Young

Thereupon, Vice Mayor Peterson declared Ordinance No. 2343NS duly passed and adopted.

AGENDA ITEM NO. 13: Public hearing and consider approval of a one operator beauty parlor for property located at 535 N. Patchin. (Applicant: Rita Monoessy)

Vice Mayor Peterson declared a public hearing in session to consider approval of a one operator beauty parlor for property located at 535 N. Patchin.
Nancy McNayr gave the staff report and recommends approval of the request as a home based business subject to all City Codes and the following conditions:

1. Before any structural changes can be made in the premises a building permit and a business permit must be obtained from the City Inspector.
2. That the right to operate a beauty parlor is granted solely to the applicant and cannot be transferred.
3. That the only display sign permitted is one, which is not illuminated, is not more than two (2) square feet in area and must be attached to the residence building.
4. That you are the only operator permitted to work in the beauty parlor.
5. Additional off-street parking must be provided for two (2) automobiles.

It appears that the applicant, Rita Monoessy, can meet all applicable city codes. She has submitted a site plan showing two additional parking spaces to be provided on the east side of the dwelling. No formal written protests were filed with City Clerk. No one appeared and the public hearing was closed.
A motion was made by Commissioner Stephens, seconded by Commissioner Schrzan, to approve the one operator beauty parlor at 535 N. Patchin, based on compliance with the five conditions stated above. Motion carried 5-0.

AYE: Stephens, Schrzan, Young, Peterson, Holt
NAY: None


AGENDA ITEM NO. 14: Public hearing and consider variances for preliminary re-plat for Williams Addition, with (1) variance to rear yard utility easement and (2) variance to right-of way dedication along State Highway 18, for property located south of 45th Street and west of Harrison Street. (Applicant: Del Kinslow)

Vice Mayor Peterson declared a public hearing in session to consider Agenda Item No. 14 and Agenda Item No. 15 concerning variances and preliminary re-plat for property located south of 45th Street and west of Harrison Street.
Nancy McNayr gave the staff report on both Agenda Items, with the Vice Mayor making a determination to consider and vote on each item separately.

The applicant is requesting variances to the following regulations:

1. Rear yard utility easement requirement (40.2.3.B)
The rear utility easement is not needed because there is a 20 foot sewer easement in the middle of the property and the railroad abuts the west property line
2. Right-of-Way dedication along SH-18 (40.2.1.)
The subdivision ordinance requires that 120 feet of right-of-way be dedicated along all major arterial streets (60 feet on each side of the section line). The right-of-way for Harrison is 170 feet wide with the centerline being over 90 feet from the statutory right-of-way.

Keith Welsh appeared on behalf of the applicant, Del Kinslow. Mr. Welsh stated that the applicant plans to construct an automatic car wash at the site but, at this time, has no other plans. There being no others to appear, the public hearing was closed.

A motion was made by Commissioner Schrzan, seconded by Commissioner Stephens, to support staff’s recommendation and accept the variances. Motion carried 5-0.

AYE: Schrzan, Stephens, Young, Peterson, Holt
NAY: None

AGENDA ITEM NO. 15: Public hearing and consider preliminary re-plat for Williams Addition, with (1) variance to rear yard utility easement and (2) variance to right-of way dedication along State Highway 18, with Technical Notes 1-7, for property located south of 45th Street and west of Harrison Street. (Applicant: Del Kinslow)


Staff recommends approval of the preliminary re-plat of the south 5 acres of Lot 1, Williams Addition subject to Technical Issues 1-7. No formal written protest have been filed. There being no others to appear the public hearing was closed.

TECHNICAL ISSUES

1. The name of the plat should be changed to “Kinslow Addition, A Replat of the South 5 Acres of Lot 1, Williams Addition” (or other suitable name).
2. The note “20’ right-of-way should be 20’ utility easement. This 20 utility easement should extend east to the right-of-way of Harrison. A 20’ utility easement must be provided along the north perimeter of this plat unless a 10 foot utility easement is provided on property abutting to the north.
3. The note: “10 right-of-way” on the north side of the plat should be removed.
4. Proper dimensions tying the Utility Easement in the center of the plat should be noted on the plat. Remove the word “Preliminary” from all utility easement notes.
5. Sidewalks – 6’ on Harrison. Required sidewalks must be constructed as part of the public improvements.
6. An ODOT permit is required for the driveway onto SH-18 (Harrison).
7. A revised Preliminary Plat must be submitted for City files.

A motion was made by Commissioner Holt, seconded by Commissioner Young, to accept staff’s recommendation to approve the preliminary plat with technical issues 1-7. Motion carried 5-0.

AYE: Holt, Young, Peterson, Stephens, Schrzan
NAY: None

AGENDA ITEM NO. 16: Public hearing and consider final re-plat for Williams Addition, with Technical Notes 1-11 being met and approval of variances to rear yard easement and right-of-way dedication along State Highway 18, for property located south of 45th Street and west of Harrison Street.
(Applicant: Del Kinslow)

Vice Mayor Peterson declared a public hearing in session to consider final re-plat for Williams Addition (now Kinslow Addition) for property located south of 45th Street and west of Harrison Street.
Staff report was given by Nancy McNayr. Staff recommends approval of the final re-plat for this Addition with Technical Notes 1-11 being met and approval of variance to rear yard easement and right-of-way dedication.

TECHNICAL ISSUES

1. The name of the plat should be changed to “Kinslow Addition, A Replat of the South 5 acres of Lot 1, Williams Addition”
2. All notes “20’ right-of-way” should be “20’ utility easement.” The 20 utility easement on the north property line should extend east to the right-of-way of Harrison. A 20’ utility easements must be provided along the north perimeter of this plat unless a 10 foot utility easements is provided on property abutting to the north.
3. The note: “10 right-of-way” on the north side of the plat should be removed
4. Specific dimensions of the Utility Easement in the center of the plat should tie the easement to the lot). Remove the word “Preliminary” from all utility easement notes.
5. The front Building Line of 25 feet should be noted on the Final Plat.
6. A note must be placed on the face of the Final Plat stating that the area identified as “Flood Zone: cannot be developed.
7. The note on the face of the Final Plat noting public dedication should be changed to “City Commission”.
8. Designation on the lot should be: Lot 1, Block.
9. Sidewalks – 6’ on Harrison. Required sidewalks must be constructed as part of the public improvements.
10. An ODOT permit is required for the driveway onto SH -18 (Harrison).
11. A revised Final Plat must be submitted for City files. The Plat should provide space at the bottom of the document for the ‘seal’ to be placed for each certificate noted.

There being no others to appear, the public hearing was closed.

A motion was made by Commissioner Young, seconded by Commissioner Holt, to approve final re-plat of Williams Addition (Kinslow) including technical issues 1-11 and variances to rear yard easement and right-of-way dedication. Motion carried 5-0.

AYE: Young, Holt, Stephens, Schrzan, Peterson
NAY: None

AGENDA ITEM NO. 17: Public hearing and consider final plat for Shawnee Mission Plaza, Section 8, with Technical Notes 1-8, for property located south of Interstate 40 near Kickapoo Street and 45th Street.
(Applicant: John Baxter obo Design Engineers Inc.)

Vice Mayor Peterson declared a public hearing in session to consider final plat for Shawnee Mission Plaza, Section 8.
Vice Mayor Peterson asked if any persons wished to appear in favor of or in protest of the final plat for property located south of Interstate 40 near Kickapoo Street and 45th Street. Mr. Ben Kirk appeared on behalf of applicants to provide information that SR Properties LLC is the prospective purchaser of the property and should be added as an additional applicant to this request for final plat.
Staff report was given noting that the property is zoned PUD and the proposed lot is based on the C-3 zoning requirements. It appears to meet all the development requirements for C-3 zoning. A common driveway will provide access to this lot as well as to future development to the south. No additional driveways will be located on Kickapoo Street.

TECHNICAL ISSUES

1. A 20’ utility easement must be provided along the perimeter of a subdivision when abutting unplatted property or a 10’ utility easement is required if accompanied by a 10’ off-site easement (40.2.3.B). A 20’ utility easement must be provided along the north perimeter of this plat unless a 10 foot utility easement is provided on property abutting to the north.
2. “Limits-of-no-Access” is required on the frontage of Lot 1 on Kickapoo Street.
3. The Common Drive Easement must be filed and the Book & Page number noted on the Final Plat prior to the filing of the Final Plat.
4. The Utility Easement shown to the south of Lot 1 must be filed and the Book & Page number noted on the Final Plat prior to the filing of the Final Plat.
5. Sidewalks – 6’ on Kickapoo. Required sidewalks must be constructed as part of the public improvements.
6. The notation of 60” should be clearly noted as “Right-of-Way” on Kickapoo.
7. The note on the face of the Final Plat noting public dedications should be changed to “City Commission”.
8. An ODOT permit is required for the driveway onto SH -3E (Kickapoo).


Staff further recommended that the addition of SR Properties LLC be added to the technical issues as No. 9. Staff recommends approval of the final plat of Shawnee Mission Plaza, Section 8 subject to Technical Issues 1-9.
A motion was made by Commissioner Young, seconded by Commissioner Stephens, to approve the final plat technical issues 1-9. Motion carried 5-0.

AYE: Young, Stephens, Schrzan, Peterson, Holt
NAY: None

AGENDA ITEM NO. 18: Consider acceptance of a sanitary sewer easement being granted by the developers of Shawnee Mission Plaza, Section 8.

A motion was made by Commissioner Young, seconded by Commissioner Holt, to accept sanitary sewer easement being granted by the developer of Shawnee Mission Plaza, Section 8. Motion carried 5-0.

AYE: Young, Holt, Stephens, Schrzan, Peterson
NAY: None

AGENDA ITEM NO. 19: Discuss and consider request from Rentzel Pump Manufacturing concerning exemptions from the City of Shawnee Fire Code and Subdivision Regulations and/or funding the extension of a 12” water line to the Rentzel Pump property.

Fire Chief Jimmy Gibson outlined staff’s position regarding a request for exemptions to the Shawnee Fire Code and Subdivision Regulations from Mr. Roger Cude of Rentzel Pump Manufacturing. Chief Gibson stated he does not feel that exemptions should be given when considering life/safety issues. Chief Gibson said the Fire Code is very clear that no exceptions could be considered.
Mr. Cude then addressed the Commission to ask for consideration of this request or, alternatively, for the City to fund the cost of the extension of a 12” water line to the property. Mr. Cude discussed the possibility of constructing an 8,000 gallon test well which he would also provide to area residents if needed.
Vice Mayor Peterson and Commissioner Stephens both stressed that they did not feel the City could grant exemptions to the Fire Code.
In an effort to find a possible solution, several ideas were discussed with Mr. Cude. City Manager Collard suggested Mr. Cude contact the Shawnee Economic Development Foundation to schedule a Fiscal Impact Tool (FIT) assessment with Dr. Mark Snead of Oklahoma State University.
Vice Mayor Peterson suggested the City Attorney to research whether the Rentzel Pump property could be considered an assessment district. This would allow the City to construct the water line and place a lien on the property until repayment is made.
A motion was made by Commissioner Young, seconded by Commissioner Stephens, to deny the request from Rentzel Pump Manufacturing concerning exemptions to the Fire Code and Subdivision Regulations and defer taking action on the request for funding assistance. Motion carried 5-0.

AYE: Young, Stephens, Schrzan, Peterson, Holt
NAY: None

AGENDA ITEM NO. 20: Consider approval of Agreement with the Pottawatomie County Public Safety Center Trust for Jail Services.

Police Chief Mathis explained that the daily rates will remain at $35.27 per prisoner, per day. The Board of Trustees of the Pottawatomie County Public Safety Center Trust approved the contract at their last board meeting. The contract term is for the balance of this remaining fiscal year and will not expire until June 30, 2009.
A motion was made by Commissioner Young, seconded by Commissioner Holt, to approve Agreement with the Pottawatomie County Public Safety Center Trust for Jail Services. Motion carried 5-0.

AYE: Young, Holt, Stephens, Schrzan, Peterson
NAY: None

AGENDA ITEM NO. 21: Discuss and consider purchase of property from Saint Gregory’s University on West Independence.

This item was placed on the agenda at the request of Commissioner Schrzan. He has attended meetings of the Soccer Association and was surprised by Mr. Low and Mr. Warren’s comments under Citizen’s Participation stating they did not want the City to purchase the property at this time. Commissioner Schrzan stated he thought the Soccer Association was in agreement with this request. He also noted the time and effort the city staff and attorney have put into this potential purchase.
Mr. Low addressed the Commission again stating they meant no disrespect to Commissioner Schrzan. He stated the Soccer Association is concerned that if the City purchases the property it becomes a “city” park which would make it available for everyone who wishes to use it, even if they have games scheduled. The group also has questions regarding upkeep responsibilities.
A motion was made by Commissioner Young, seconded by Commissioner Schrzan, to defer consideration of the purchase of property from Saint Gregory’s University on West Independence to the April 21, 2008 City Commission meeting. Motion carried 5-0.

AYE: Young, Schrzan, Peterson, Holt, Stephens
NAY: None

AGENDA ITEM NO. 22: Transfer of Budget Between Departments and/or Projects Capital Improvements Fund 301.

This Budget Transfer would be required in the event the Commission approved the purchase of property as set out in Agenda Item No. 21. A motion was made by Commissioner Stephens, seconded by Commissioner Schrzan, to defer transfer of Budget Between Departments and/or Projects Capital Improvements Fund 301 until April 21, 2008 City Commission meeting. Motion carried 4-0.

COMMISSIONER YOUNG NOT PRESENT DURING VOTE

AYE: Stephens, Schrzan, Peterson, Holt
NAY: None

AGENDA ITEM NO. 23: Consider acceptance of public improvements installed for the Timbers Addition and placing maintenance bonds into effect.

The required public paving, water, and sanitary sewer improvements for the Timbers Addition development has been completed in accordance with the City’s Standards and Specifications. The developer paid 100% of the construction costs, and the City’s cost has been in providing construction inspection to assure that the City’s Standards and Specifications are followed. Improvements have been completed, tested, and passed. It is recommended that the City Commission accept the paving, water and sanitary sewer improvements from the Timbers Addition, and place all maintenance bonds into affect.
A motion was made by Commissioner Stephens, seconded by Commissioner Schrzan, to approve of the paving, water and sanitary sewer improvements for the Timbers Addition and placing maintenance bonds into affect. Motion carried 4-0.

COMMISSIONER YOUNG NOT PRESENT DURING VOTE

AYE: Stephens, Schrzan, Peterson, Holt
NAY: None


AGENDA ITEM NO. 24: Consider Bids:

b. Market Research Analysis Proposal (Award)

The City received three (3) proposals for the Market Research Analysis. Dr. Collard stated that due to the money spent on the ice storm cleanup, he could not recommend going forward with this project in this fiscal year. He further requested that all bids be rejected at this time, with the intent to request this expenditure in the FY08-09 budget. He noted that the City would advertise for bids again if the expenditure is approved.
A motion was made by Commissioner Schrzan, seconded by Commissioner Holt, to reject all bids for the Market Research Analysis and include as a line item for the 08-09 budget. Motion carried 5-0.

COMMISSIONER YOUNG NOT PRESENT DURING VOTE

AYE: Schrzan, Holt, Stephens, Peterson
NAY: None

c. Water and Wastewater Rate Fee Study Proposal (Open)

One bid was received for the Water and Wastewater Rate Fee Study Proposal. It was opened and read into record.

BIDDER AMOUNT

Municipal Finance Services, Inc.
Edmond, OK 73034 $18,200.00

A motion was made by Commissioner Schrzan, seconded by Commissioner Stephens, to defer bids for the Water and Wasterwater Rate Fee Study Proposal to staff for review and recommendation at the next City Commission meeting. Motion carried 5-0.

AYE: Schrzan, Stephens, Young, Peterson, Holt
NAY: None

AGENDA ITEM NO. 25: 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. 26: Administrative Reports

Under Administrative Reports, Dr. Collard provided Commissioners with the budget calendar. At the April 7, 2008 City Commission meeting, a budget overview will be presented. Special meetings/budget workshops are scheduled for April 14th and April 15th at 6:30 p.m.

AGENDA ITEM NO. 27: Commissioners Comments

Under Commissioner Comments, Commission Schrzan stated he was not surprised by Mike Crawfords’s report.
Finance Director Neva Treiber stated that the final audit presentation is scheduled for April 7th. Commissioners advised her, however, that if they are not given several days prior to this date to review the audit, they do not want the presentation on that date. Ms. Treiber agreed that she would work that out with the auditors.
Commissioner Stephens stated that she appreciates Ms. Treiber and her staff’s efforts these past few months.
Commissioner Young reminded citizens to remove their polycarts from the curb after their trash has been picked up.
Vice Mayor Peterson announced there will be a political forum scheduled for March 25th at 7:00 sponsored by the Pottawatomie County Advocates for Voter Education. The forum will be televised and the positions of both the City and Police Union regarding the police contract will be discussed. Commissioner Timmy Young and Billy Collier, both vying for the Ward 4 Commission seat, are scheduled to appear as well.

AGENDA ITEM NO. 28: Adjournment

There being no further business to be considered, a motion was made by Commissioner Young, seconded by Commissioner Stephens, that the meeting be adjourned.

Motion carried 5-0. (9:43 p.m.)

AYE: Young, Stephens, Schrzan, Peterson, Holt
NAY: None

_________________________
LINDA PETERSON,
VICE MAYOR

(SEAL)

ATTEST:


PHYLLIS LOFTIS, CITY CLERK



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