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Date: 6/16/2008Board: City CommissionDocumentType: MinutesWeb Posted: 7/8/2008 8:38:38 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
JUNE 16, 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, June 16, 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.

Chuck Mills
Mayor

Pam Stephens Tom Schrzan
Commissioner Ward 1-Vice Mayor Commissioner Ward 2

Marva O’Neal Billy Collier
Commissioner Ward 3 Commissioner Ward 4

Linda Peterson Carl Holt
Commissioner Ward 5 Commissioner Ward 6

ABSENT: None

INVOCATION Larry Sparks

FLAG SALUTE Mayor Chuck Mills

AGENDA ITEM NO. 1: Consider approval of Agenda:

In consideration of the Agenda, a motion was made by Commissioner Peterson, seconded by Commissioner Holt to consider the agenda in the following order: Item number 5 to following number 1; then in the following order: Item 24, Item 25, Item 3, Item 4, Item 17 then proceed to Item 6 through the end, considering all items not previously considered.




Motion carried 7-0.

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

AGENDA ITEM NO. 5: Discuss and consider retaining attorney James Milton for legal advice pertaining to water issues and transfer of appropriation to cover legal fees.

The Board of County Commissioners was recently petitioned by Rural Water District No. 3 to annex additional service area. Included in this area is land that surrounds the City of Shawnee’s borders. The Oklahoma Municipal League recommended the hiring of Mr. James Milton who specializes in municipal water rights. Mr. Milton’s fees are $185.00 per hour. A motion was made by Commissioner Peterson, seconded by Vice Mayor Stephens, to approve retaining attorney James Milton for legal advice pertaining to water issues and transfer of appropriation to cover legal fees not to exceed $3,500. Motion carried 7-0.

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

AGENDA ITEM NO. 24: Consider an Executive Session to discuss City Manager’s annual evaluation and consideration of City Manager’s employment status pursuant to 25 O. S. §307(B)(1).

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Stephens, to enter into Executive Session. Motion carried 7-0.

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

CITY COMMISSION NOW IN EXECUTIVE SESSION AT 6:45 P.M. WITH ALL COMMISSIONERS PRESENT

CITY COMMISSION CALLED IN JIM COLLARD AT 7:50 P.M.

CITY COMMISSION RECONVENED IN REGULAR SESSION AT 8:43 P.M. WITH ALL COMMISSIONERS PRESENT

AGENDA ITEM NO. 25: Consider matters discussed in Executive Session regarding City Manager’s annual evaluation and consideration of City Manager’s employment status pursuant to 25 O. S. §307(B)(1).

Citing a change in the direction of the city commission, a motion was made by Vice Mayor Stephens, seconded by Commissioner Schrzan, to sever the employment contract with Dr. Collard as City Manager. Motion carried 7-0.

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

CITY COMMISSION RECESSED AT 8:45 P.M. FOR A FIVE MINUTE BREAK

CITY COMMISSION RECONVENED AT 8:50 P.M. WITH ALL COMMISSIONERS PRESENT

CITY COMMISSION DEVIATES FROM THE WRITTEN AGENDA TO CONSIDER AGENDA ITEM NO. 22

AGENDA ITEM NO. 22: New Business (Any matter not known about or which could not have been reasonably foreseen prior to the posting of the agenda)

A motion was made by Commissioner Schrzan, seconded by Commissioner Holt, to appoint City Clerk Phyllis Loftis as interim City Manager effective immediately. Motion carried 7-0.

AYE: Schrzan, Holt, Stephens, O’Neal, Mills, Collier, 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 bid as set forth in Agenda Item No. 21

b. Minutes from the June 2, 2008 meeting.

c. Budget Amendment – Transfer of Appropriations between Departments

d. Transfer of Funds – Gifts and Contributions Fund 706

e. Transfer of Budget between Projects within Department – Capital Improvement Fund 301

f. Transfer of Appropriations between Departments General Fund 001

g. Transfer of Appropriations between Departmental Line Items General Fund 001

h. Acknowledge the following reports and minutes:

• Sister Cities Council minutes from March 11 and April 15, 2008
• Shawnee Beautification Committee minutes from April 7, 2008
• Shawnee Urban Renewal Authority minutes from May 6, 2008
• Shawnee Planning Commission minutes from May 7 and May 15, 2008
• Sales Tax Collections through June 2008

i. Approve renewal of the following agreements for FY 2008-2009:

1. Independent School District No. 93 for maintenance of tennis courts.
2. Pottawatomie County District Court to establish, develop and implement programs for juvenile misdemeanor offenders.
3. Gordon Cooper Technology Center District No. 5 to provide repaving and repair of public roadways and parking lots used by students, faculty, employees and patrons of GCTC.
4. Project H.E.A.R.T. for operation space and utility services.
5. South Central Industries to provide clean-up of city parks and park restrooms.
6. Agreement for Juvenile Services.

j. Approve Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Darryl Baker of the Parks Department.

k. Acknowledge Annual Budget from the Pioneer Library System for the FY 2008/2009.

l. Approve auctioneer agreement for City Surplus Auction to be held June 21, 2008.

m. Lakesite Lease Transfer

Lot 3A, Johnston Tract, 16804 Magnino Road

To: R. & S. Hughes
From: L. & H. Cowen

n. Mayor’s appointments:

Mr. Garry Souders to replace Ms. Patti Hillhouse on the Shawnee Library Board, term to expire 6/30/11
Ms. Nola Barger reappointed to the Traffic Commission, term to expire 01/01/11

Mr. Reubin Peltier reappointed to the Traffic Commission, term to expire 01/01/10

Before voting on the Consent Agenda, Commission Holt requested that Consent Agenda Item 2(b), be considered for separate consideration. Commissioner Peterson also requested that Consent Agenda Item 2(m) be considered separately; and Commissioner Collier requested that Consent Agenda Items 2(f) and (g) be considered separately as well.

A motion was made by Commissioner Peterson, seconded by Commissioner O’Neal, to approve Consent Agenda Item 2(a-n), less (b), (f), (g), and (m), as presented. Motion carried 7-0.

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

Under Consent Agenda Item No. 2(b), the minutes of the June 2, 2008 meeting, Commissioner Holt requested clarification regarding the inclusion of Airport Drive in the Rehab Asphalt Streets Paving Project. City Engineer John Krywicki explained that the minutes reflected that the total Rehab Asphalt Streets Paving Project was accepted, but that particular streets could be determined subsequent to the bid acceptance. As of June 2nd, no decision was reached regarding the inclusion of Airport Drive in the project, although Mr. Krywicki stated that he would be making a recommendation in a later agenda item.
Also under Item 2(b), Commissioner Peterson requested that the June 2nd minutes be corrected to reflect that Mr. Collier is the Tecumseh Mayor, not the City Manager.

A motion was made by Commissioner Holt, seconded by Commissioner Schrzan, to approve Agenda Item 2(b). Motion carried 7-0.

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

Under Consent Agenda Item No. 2 (f) and (g), Transfer of Appropriations between Departments General Fund 001, Commissioner Collier asked for clarification regarding the transfers of appropriations needed by the Fire Department. City Treasurer Neva Treiber explained the transfer to the Commissions’ satisfaction.
A motion was made by Commissioner Collier, seconded by Commissioner Peterson, to approve. Motion carried 7-0.

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

In consideration of Consent Agenda Item No. 2(m), concerning Lakesite Lease Transfer of Lot 3A, Johnston Tract, 16804 Magnino Road, a motion was made by Commissioner Holt, seconded by Commissioner Peterson, to defer at the request of the Cowens. Motion carried 7-0.

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

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

Mr. Ron Gillham spoke regarding issues within the police department and in support of Chief Bill Mathis.

Wendell Johnston stated that he is sad that Commissioner Schrzan has chosen not to seek re-election, but appreciates what the Board is doing now.

Ron Taffe addressed issues involving the recent vote regarding the IUPA contract and wants people to be accountable for their opinions by signing their name to letters rather than utilizing “blogs” or call-in opinion lines.

Rocky Barrett spoke regarding the Rural Water District No. 3 and their attempt to provide water to areas not currently served by a water district mentioning in particular the Dale School District. He stated that the RWD No. 3 was prepared to make a five million dollar infrastructure investment and was asking for the City’s support.

AGENDA ITEM NO. 4: Mayor’s Presentation:

Presentation of resolution of appreciation to Alan L. Gunter for 23 years of service to the City of Shawnee.

Mayor Mills presented a Resolution of Appreciation to Alan L. Gunter for over 23 years of loyal service to the City of Shawnee. Mr. Gunter was present to accept.

Resolution No. 6330 was introduced and the title read aloud.

RESOLUTION NO. 6330 ENTITLED “A RESOLUTION EXPRESSING APPRECIATION TO ALAN L. GUNTER FOR OVER 23 YEARS OF LOYAL SERVICE TO THE CITY OF SHAWNEE, OKLAHOMA; DIRECTING THAT SAID RESOLUTION BE SPREAD UPON THE OFFICIAL RECORDS OF THE CITY OF SHAWNEE, OKLAHOMA; AND AUTHORIZING A COPY BE PRESENTED TO ALAN L. GUNTER.”

A motion was made by Commissioner Peterson, seconded by Commissioner Holt, that the Title and Resolution No. 6330 be approved. Motion carried 7-0.

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

Thereupon Mayor Mills declared Resolution No. 6330 duly passed and adopted.

AGENDA ITEM NO. 17: Consider a resolution approving an exception to city policy to allow Alan L. Gunter to keep his handgun upon his retirement.
Resolution No. 6332 was introduced and the title read aloud.

RESOLUTION NO. 6332 ENTITLED “A RESOLUTION OF THE CITY OF SHAWNEE, OKLAHOMA, APPROVING AN EXCEPTION TO THE CITY POLICY TO ALLOW POLICE CORPORAL ALAN L. GUNTER TO KEEP HIS HANDGUN UPON HIS RETIREMENT.”

A motion was made by Vice Mayor Stephens, seconded by Commissioner O’Neal, that the Title and Section No. 1 and 2 be approved.



Motion carried 7-0.

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

Thereupon, Resolution No. 6443 duly passed and adopted.

AGENDA ITEM NO. 6: A public hearing and consider an ordinance for approval of Conditional Use Permit to allow for the sale of beer and alcohol for on premise consumption for property located at 4900 N. Harrison. (Applicant: Harshil Patel obo Shiv Prioperties LLC) Case #P18-08

Mayor Mills declared a public hearing in session to consider an ordinance for Conditional Use Permit for property located at 4900 N. Harrison.
Mayor Mills asked if any person wished to appear in favor of or in protest of the permit.
Staff report was given and it was noted that the subject site is the current location of a hotel with an accessory restaurant use. The sit-down restaurant currently sells beer and alcohol for on-premise consumption which was approved on April 19, 2004. The owners/operators have changed and therefore must apply for a conditional use permit to continue to sell beer for on-premise consumption. Staff recommends approval upon all required state and local permits being received by the new restaurant owners.

ORDINANCE NO. 2358NS 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 LYING IN THE EAST HALF OF THE NORTHEAST QUARTER (E/2 NE/4) OF SECTION 31, TOWNSHIP 11 NORTH, RANGE 4 EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE/4) OF SAID SECTION 31; THENCE N00°40’04”E ALONG THE EAST LINE OF SAID QUARTER SECTION A DISTANCE OF 864.10 FEET; THENCE S89°56’01”W A DISTANCE OF 71.29 FEET; THENCE S05°35’22”W A DISTANCE OF 9.40 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 18; THENCE S88°30’36”W A DISTANCE OF 133.40 FEET; THENCE ON A CURVE TO THE RIGHT HAVING A RADIUS OF 1.60 FEET, (A CHORD BEARING N46°43-37”W, CHORD LENGTH OF 2.25 FEET); AN ARC DISTANCE OF 2.50 FEET; THENCE N00°40’00”W A DISTANCE OF 117.40 FEET; THENCE S89°52’00”W A DISTANCE OF 374.41 FEET; THENCE S00°17’50”E A DISTANCE OF 491.25 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO. 40; THENCE N70°19’54”E ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 81.59 FEET; THENCE ON A CURVE TO THE RIGHT HAVING A RADIUS OF 1582.39 FEET, (A CHORD LENGTH OF 415.02 FEET) ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 416.23 FEET; TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 18; THENCE N05°35’22”E ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 263.20 FEET TO THE TRUE POINT OF BEGINNING TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, 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.”

A motion was made by Commissioner Peterson, seconded by Commissioner Schrzan, that the Title and Ordinance No. 2358NS be approved. Motion carried 7-0.

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

Thereupon Mayor Mills declared Ordinance No. 2358NS duly passed and adopted.

AGENDA ITEM NO. 7: A public hearing and consider an ordinance for approval of a Conditional Use Permit to allow for the sale of furniture and home furnishings for property located at 1801 W. MacArthur. (Applicant: Kermit Milburn) Case #P19-08

A motion was made by Commissioner Peterson, seconded by Commissioner Holt, to defer consideration of this item until the July 7th, City Commission meeting. Motion carried 7-0.

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

AGENDA ITEM NO. 8: A public hearing and consider an ordinance rezoning property located at 4440 N. Kickapoo from R-1; Residential to C-3; Commercial, Automobile and Recreation. (Applicant: Dao Nguyen) Case #P20-08

Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 4440 N. Kickapoo.
Mayor Mills asked if any person wished to appear in favor of or in protest of the rezoning.
Staff considers the proposed rezoning to C-3; Automotive, Commercial & Recreation not to be in conformance with the Comprehensive Plan and recommends C-1; Neighborhood Commercial District. C-1 is an appropriate transition category between higher intensity commercial uses and the residential neighborhoods to the west. Should the property owner wish to pursue higher intensity uses on this lot, it may be appropriate to submit a Planned Unit Development application proposing how they would buffer and protect the residential areas from more intense commercial uses.
No formal written protests were filed with the City Clerk and no others appeared and the public hearing was closed.
Ordinance No. 2359NS was introduced and read aloud.

ORDINANCE NO. 2359NS 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: LOT 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 (20) FEET, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF; REZONING SAID PROPERTY FROM R-1; RESIDENTIAL TO C-1; NEIGHBORHOOD COMMERCIAL; 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 Ordinance No. 2359NS be approved rezoning this property to C-1. Motion carried 7-0.

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

Thereupon Mayor Mills declared Ordinance No. 2359NS duly passed and adopted.

AGENDA ITEM NO. 9: A public hearing and consider an ordinance rezoning property located at the southwest corner of Leo Street and MacArthur Street from R-1; Residential to R-3; Multi-Family District. (Applicant: Gary Carpenter) Case #21-08

Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at the southwest corner of Leo Street and MacArthur Street.
Mayor Mills asked if any person wished to appear in favor of or in protest of the rezoning.
Staff report was given by Nancy McNnayr. It was noted that issues such as driveway placement, parking lot placement, building height, and lighting may impact nearby single-family residential uses and therefore recommends denial. The Planning Commissions denied this zoning application at their June 4, 2008 meeting. Joe Freeman appeared on behalf of residents in protest of the rezoning. Many written protests have been received with residents stating they feel that the multi-family development would have an impact on their property value and safety of the neighborhood. Applicant Gary Carpenter appeared to explain his intended use for the property, which includes four buildings with a total of sixteen apartments. He stated that all building would be consistent with City code. No others appeared and the public hearing was closed.

A motion was made by Commissioner Peterson, seconded by Commissioner Collier, to uphold the Planning Commissions’ recommendation to deny zoning from R-1; Residential to R-3 Multi-Family District. Motion carried 7-0.

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

AGENDA ITEM NO. 10: A public hearing and consider an ordinance rezoning property located at 304 E. MacArthur from R-3; Multi-Family to C-3; Commercial, Automobile and Recreation. (Applicant: Eric and Loree Hopkins)
Case #P22-08

Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 304 E. MacArthur.

This is a 2.18 acre site with one primary structure. The structure, now vacant, was once used as a church. Applicants are requesting the property be rezoned to C-3; Commercial, Automobile and Recreation District.
Staff considers the proposed rezoning not to be in conformance with the Comprehensive Plan and Future Land Use Map. The Planning Commission recommended denial of the request for C-3 Automotive, Commercial & Recreational rezoning but approved as an alternative to consider C-2, Suburban Office Commercial District zoning classifications
Also speaking in favor of the C-2 classification was Nadine Holloway, part owner of Cedar Terrace Apartments, Rocky Barrett who owns property in the immediate area and Steve Williams.
Applicant Loree Hopkins spoke regarding their intended plans for a dental office and possible retail on the site. She also stated that they did not want a C-2 zoning classified and would withdraw their application if only a C-2 was approved.
Commissioners discussed a PUD; Planned Unit Development zoning classification with applicants, which would make the property uses specific to certain businesses.
A motion was made by Commissioner Peterson, seconded by Commissioner Collier, to refer this zoning application back to Planning Commission for further consideration of PUD zoning. Motion carried 7-0.

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

AGENDA ITEM NO. 11: Consider approval of the preliminary plat for Wall Family LLC located at 1600 N. Harrison. (Applicant: Wall Co.) Case #S17-08

This property and all surrounding property to the east, north, and south is zoned C-3. The railroad right-of-way is located to the west. The property is the current location of the Walls Family LLC business. One existing structure is located on the site and is 57,280 square feet. The applicant proposes to add an additional structure toward the northwest area of the property (45,000 square feet).
The Staff recommends approval of the Preliminary Plat of Walls Family LLC Addition subject to Technical Issues 1-8 and including variances:

A. Variance request to the 20 foot side yard (south property line) utility easement requirement (Subdivision Regulations Article IV 40.2.3.B Easements and Utilities)
B. Variance request to requiring hard surface construction (Subdivision Regulations Article IX, Section 60.9.3.H).

Technical Issues

1. Should the Planning Commission not approve the request for a variance to the side yard utility easement found in the Subdivision Regulations, Article IV, Section 40.2.3, the side yard utility easement will have to be addressed by the applicant.
2. Should the Planning Commission not approve the variance concerning construction standards of fire lanes (Section 60.9.3.H), the standard for hard surface fire lanes will not be altered.
3. Sidewalks are required on each side of any street classified as a collector or arterial. A six (6) foot sidewalk will be required on Harrison. Section 40.2.8. The sidewalk must be shown on the Preliminary Plat.
4. “Limits-of-no-Access” is required on the lot frontage on Harrison outside the existing driveway.
5. Public water lines are required to be extended. The City Engineer and the developer are negotiating on the extent of the public line and the beginning of the private lines.
6. All Engineering requirements must be met; all drainage plans and public improvement plans must be submitted for approval as required by the City Engineer.
7. Landscaping will be required as per the Shawnee Zoning Code with any development of this property.
8. A revised Preliminary Plat must be submitted in a timely manner for staff review prior to this application being heard by the City Commission.

A motion was made by Commissioner Schrzan, seconded by Commissioner Collier, to approve preliminary plat for Wall Family LLC located at 1600 N. Harrison subject to variances and Technical Issues 1-8. Motion carried 7-0.

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

AGENDA ITEM NO. 12: Consider approval of the final plat for Wall Family LLC located at 1600 N. Harrison. (Applicant: Wall Co.) Case #S18-08

Staff report was given and it was noted that approval was recommended of a variance to the Subdivision Regulations Article IV, Section 40.2.3.B Easements and Utilities, 20 foot side yard (south property line) utility easement.
Staff also recommends approval of a variance to the Subdivision Regulations Article IX, Section 60.9.3.H requiring hard surface construction. Should the Planning Commission approve this variance, the Shawnee Building Code and Fire Code will govern the design and construction of any fire lane at the time of building permit application.

Technical Issues

1. Should the Planning Commission not approve the request for a variance to the side yard utility easement found in the Subdivision Regulations, Article IV, Section 40.2.3, the side yard utility easement will have to be addressed by the applicant.
2. Should the Planning Commission not approve the variance concerning construction standards of fire lanes (Section 60.9.3.H), the standard for hard surface fire lanes will not be altered.
3. Sidewalks are required on each side of any street classified as a collector or arterial. A six (6) foot sidewalk will be required on Harrison. Section 40.2.8. Since there are no public street improvements as part of this subdivision, the sidewalk requirement will be met at the building permit stage.
4. “Limits-of-No-Access” is required on the lot frontage on Harrison outside the existing driveway.
5. Public water lines are required to be extended. The City Engineer and the developer are negotiating on the extent of the public line and the beginning of the private lines.
6. All Engineering requirements must be met; all drainage plans and public improvement plans must be submitted for review and approval as required by the City Engineer.
7. Landscaping will be required


A motion was made by Commissioner Schrzan, seconded by Commissioner Collier, to approve final plat for Wall Family LLC at 1600 N. Harrison subject to Technical Issues 1-8 with variances. Motion carried 7-0.

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

AGENDA ITEM NO. 13: Consider an ordinance rezoning property located at 207 East 45th from A-1; Agricultural to C-3; Automotive, Commercial and Recreational. (Applicant: Woody and Alethia Woodmoore) Case #P15-08

Ordinance No. 2360NS was introduced and read aloud.

ORDINANCE NO. 2360NS 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; A PART OF LOTE FIVE (5), WILLIAMS ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS: BEGINNING AT A POINT 33 FEET SOUTH AND 406.3 FEET EAST OF THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE/4) OF SECTION SIX (6), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN; THENCE EAST 357.4 FEET; THENCE SOUTH 365.5 FEET; THENCE WEST 357.4 FEET; THENCE NORTH 365.5 FEET TO THE PLACE OF BEGINNING, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL DISTRICT TO C-3; AUTOMOTIVE, COMMERCIAL & RECREATION 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 Ordinance No. 2360NS be approved. Motion carried 5-2.

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

Thereupon Mayor Mills declared Ordinance No. 2360NS duly passed and adopted.

AGENDA ITEM NO. 14: Consider an Ordinance establishing the authority of the Shawnee Police Department and Shawnee Fire Chief at the Shawnee Twin Lakes and amending fees and regulations for fishing at the Twin Lakes and declaring an emergency.

Lt. Pringle explained each section of the ordinance which addresses changes in the areas of fishing at Shawnee Twin Lakes.
The proposed ordinance change calls for the banning of jug lines or trot lines on both lakes. Commissioner Collier, however, does not see a problem with trot lines on Lake No. 1 in “no-wake” areas.
After further discussion, suggested amendments were made to Section 16-119 regarding trot lines and jug lines allowing trot lines in Lake No. 1 in “no wake” areas. Also Section 16-123 shall be amended to include Shawnee Twin Lake No. 1 and well as No. 2.

Ordinance No. 2361NS was introduced and read aloud.

ORDINANCE NO. 2361NS ENTITLED “AN ORDINANCE RELATING TO THE SHAWNEE TWIN LAKES; AMENDING SECTIONS 16-56, 16-58, 16-117, 16-119 AND 16-123, ALL OF ARTICLE II OF CHAPTER 16 OF THE CODE OF THE CITY OF SHAWNEE, ESTABLISHING THE AUTHORITY OF THE SHAWNEE POLICE DEPARTMENT AND THE SHAWNEE FIRE CHIEF AT THE SHAWNEE TWIN LAKES; AMENDING FISHING FEES AND METHODS OF FISHING; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”

A motion was made by Commissioner Peterson, seconded by Commissioner Collier, that the Title and Ordinance No. 2361NS as amended be approved. Motion carried 7-0.

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

Section 8, emergency clause, was not voted on.

Thereupon Mayor Mills declared Ordinance No. 2361NS duly passed and adopted.

AGENDA ITEM NO. 15: Consider an Ordinance amending the rules and regulations at the Shawnee Twin Lakes relating to operation of watercraft, recreational activities, watercraft licenses and fees, the duration allowed for camping and declaring an emergency.

Lt. Pringle explained the proposed changes to the ordinance as it relates to watercraft and camping.

Ordinance No. 2362NS was introduced and read aloud.

ORDINANCE NO. 2362NS ENTITLED “AN ORDINANCE RELATING TO THE SHAWNEE TWIN LAKES; AMENDING SECTIONS 16-216, 16-218, 16-224, 16-253, 16-254, 16-255, 16-288 AND 16-290, ALL OF ARTICLE II OF CHAPTER 16 OF THE CODE OF THE CITY OF SHAWNEE; AMENDING THE RULES FOR OPERATION OF VARIOUS WATER CRAFT AND RULES FOR RECREATIONAL ACTIVITIES AT THE TWIN LAKES; AMENDING THE REQUIRED LICENSE AND FEES FOR USE OF WATER CRAFT AT THE TWIN LAKES; AMENDING THE TERMS OF THE LICENSE AND RENEWAL; AMENDING THE LENGTH OF TIME CAMPING IS ALLOWED AT THE TWIN LAKES; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”

A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, that the Title and Ordinance No. 2362NS be approved. Motion carried 7-0.

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

No action was taken concerning Section 10, the emergency clause.

Thereupon Mayor Mills declared Ordinance No. 2362NS duly passed and adopted.

AGENDA ITEM NO. 16: Consider a resolution declaring certain items of personal property surplus and no longer needed for City purposes; describing said items; and authorizing the sale of said items by City auction.

Resolution No. 6331 was introduced and read aloud.

RESOLUTION NO. 6331 ENTITLED “A RESOLUTION DECLARING CERTAIN ITEMS OR PERSONAL PROPERTY SURPLUS AND NO LONGER NEEDED FOR CITY PURPOSES; DESCRIBING SAID ITEMS; AND AUTHORIZING THE SALE OF SAID ITEMS BY CITY AUCTION.”

A motion was made by Commissioner Peterson, seconded by Commissioner Holt, that the Title and Ordinance No. 6331 be approved. Motion carried 7-0.

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

Thereupon Mayor Mills declared Ordinance No. 6331 duly passed and adopted.

AGENDA ITEM NO. 18: Discuss options for possible change of ownership at the Shawnee Twin Lake.

Mayor Mills introduced this item for discussion. He suggested that the sale of leased lake property could provide funds for needed infrastructure improvements. City Attorney John Canavan has advised that each lot would have to be surveyed and declared surplus. He also reminded that the current leaseholders would have additional rights to the property at auction. Mr. Canavan will investigate the proposal in greater detail.

AGENDA ITEM NO. 19: Consider Administration and Escrow agreement for Southeast Oklahoma Raw Water Study.

This escrow agreement is being utilized by the coalition of central Oklahoma Cities to pay for the raw water study of the Sardis Lake and Kamichi Basin area. The Oklahoma City Water Utilities Trust is the agency which will pay bills and manage the Professional Services Contract with the engineering firm. Previously, the City of Shawnee adopted a resolution of intent to join this effort.
The final negotiated settlement of engineering costs is $850,000 of which Shawnee’s share is $27,370.
A motion was made by Vice Mayor Stephens, seconded by Commissioner Schrzan, to approve the Administration and Escrow agreement for Southeast Oklahoma Raw Water Study. Motion carried 7-0.

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

AGENDA ITEM NO. 20: Consider Change Order No. 1 on Contract No. COS-PW-07-06 Rehab Asphalt Streets Paving Project.

City Engineering John Krywicki addressed this item that will allow a change order to the Rehab Asphalt Streets Paving Project in order to resurface the drives and parking at Glen Collins Park. The change order will increase the quantities of the Rehab Asphalt Streets project. The costs of paving the park area is estimated at $72,000.
Mr. Krywicki also noted that Airport Drive (from Independence to MacArthur) is still included in the project as well as Main Street (from Kickapoo to Harrison), Highland Street (from Kickapoo to Ione) and Kickapoo Street (from 7th to Farrall). He also stated that he could remove Airport Drive from the project list if directed by the Commission.
A motion was made by Commissioner Schrzan, seconded by Commissioner Peterson, to approve Change Order No. 1 on Rehab Asphalt Streets Paving Project as presented. Motion carried 7-0.

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

AGENDA ITEM NO. 21: Consider Bids:

a. Reconstruct a portion of the apron serving hangars 13 and 49, FAA AIP Project 3-40-0088-012-2008, COS Project PW-07-09. (Award)

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Stephens, to award the bid to reconstruct a portion of the apron serving hangars 13 and 49, COS Project PW-07-09 to CP3 Enterprises, Maud, Oklahoma, in the amount of $281,326.30 as the lowest and best bid. Motion carried 7-0.

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

AGENDA ITEM NO. 23: Administrative Reports.

Chief Mathis gave an update on several proposed policy changes which have been rejected by the police union. Those issues include an award ceremony and the wearing of reflective vest for officer safety. One item approved by the union is a ride-along with officer program.

AGENDA ITEM NO. 26: Commissioners Comments

Mayor Mills stated that it has been an honor and a pleasure to work with Dr. Jim Collard and wishes him much success,

Commissioner Schrzan thanked City Clerk Phyllis Loftis for accepting the interim city manager position.

Vice Mayor Stephens announced that due to vacation and armed services responsibilities, she would be unable to attend either city commission meeting in July.

Commissioner Peterson asked about the issue of drainage from Immanuel Baptist Church on 45th Street onto a residential area to the east. John Krywicki stated that it was the developer’s responsibility and was an issue between the two property owners. However, he will send a letter to the church with suggestions on how to alleviate the drainage issue.

Commissioner Peterson also asked about the sidewalk installation for Family Video at Harrison and Federal. She was informed that the sidewalk installation would begin soon.

Commissioner Peterson also spoke regarding the SEDF’s Executive Director search. She stated that approximately twenty-four applications have been received, with face to face interviews scheduled with three applicants.

AGENDA ITEM NO. 27: Adjournment

There being no further business to be considered, a motion was made by Commissioner Holt, seconded by Commissioner Collier, that the meeting be adjourned. Motion carried 7-0. (11:48 p.m.)

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

_________________________
CHUCK MILLS,
MAYOR



(SEAL)


ATTEST:

PHYLLIS LOFTIS, CITY CLERK


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