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Date: 5/19/2008Board: City CommissionDocumentType: MinutesWeb Posted: 7/17/2008 12:09:16 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
MAY 19, 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, May 19, 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: Don Lynch, Emergency Management Director
FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda:

In consideration of the agenda, Commissioner Schrzan requested that Agenda Item No. 21 (concerning water and sewer rates) be pulled and considered after Agenda Item No. 4. Commissioner Peterson suggested that it be considered after item No. 5 due to its proximity to the budget discussion item. Commissioner Peterson made the motion that Agenda Item No. 21 be considered after Agenda Item No. 5, and Commissioner Holt seconded.


Motion carried 7-0.

AYE: Peterson, Holt, Stephens, Schrzan, O’Neal, Mills, Collier
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. 7.

b. Minutes from the April 28, April 29 and May 5, 2008 meetings.

c. Acknowledge the following reports and minutes:

• Sales Tax Collections through May, 2008.
• Shawnee Urban Renewal Authority minutes from the April 15, 2008 meeting.
• Planning Commission minutes from their April 23, 2008 meeting.

d. Lakesite Lease Transfers and Renewals

Transfers:
Lot 14, Magnino A Tract (Cont’d from 5/5/08)
To: R. Mitchell
From: D. Hulme

Lot 13, Magino A Tract
To: C. Wright and D. Wright
From: T. Degman and B. Degman

Lot 4, Eckel Tract
To: B. Cox and J. Cox
From: G. Bolding

Renewals:
Lot 6, Eckel Tract
P. Henderson and J. Henderson

Lot 1, Skipper Tract
B. Griffin and N. Griffin

e. Appropriation of Supplement Revenues Shawnee Airport Authority Fund 511.

f. Supplemental Budget Amendment Gifts/Contributions Fund 706.

g. Budget Amendment Capital Improvement Fund 301 and Gifts/Contributions Fund 706.

h. Transfer Between Departments and/or Projects Capital Improvement Fund 301.

i. Supplemental Budget Amendment and Appropriation of Budget General Fund 001.

j. Approve correcting general ledger journal entry to eliminate balances from Shawnee Civic and Cultural Development Authority.

k. Approve Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Monty Corley.

l. Mayor’s Appointments:

Planning Commission

Appoint Kirk Hoster to a three-year term expiring 6/30/11
Appoint Shawna Turner to a three year term expiring 6/30/11

m. Approve a resolution authorizing Mayor Mills to cast votes for Trustees for the Oklahoma Municipal Assurance Group Board of Trustees.

Before voting on the Consent Agenda, Commissioner Peterson requested that Consent Agenda Item No. 2(e) concerning the Appropriation of Supplement Revenues Shawnee Airport Authority Fund 511 be considered separately.
A motion was made by Commissioner Peterson, seconded by Commissioner Collier, to approve Consent Agenda (a-m), less (e), as presented.
Motion carried 7-0.

AYE: Peterson, Collier, Holt, Stephens, Schrzan, O’Neal, Mills
NAY: None
Agenda item 2(e) is a budget amendment showing an increase in revenue to the Shawnee Airport Authority from water tower rental, interest income and oil and gas royalties in the total amount of $17,200. Commissioner Peterson asked why these additional funds were not used for the repair and maintenance of T-Hangars. Assistant Airport Manager Rex Hennen explained that no fund was established for T-Hangars this budget year, but would be for the next fiscal year.
In consideration of Consent Agenda Item No. 2(e), a motion was made by Commissioner Peterson, seconded by Commissioner Holt, to approve Appropriation of Supplemental Revenues Shawnee Airport Authority Fund 511. 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)

Ms. Cody Deem spoke urging Commissioners to consider funding an additional recycling site within the City.

AGENDA ITEM NO. 4: Mayor’s Proclamations:

“Samantha Crain Day”
May 19, 2008
(accepted by Samantha Crain)

“National Safe Boating Week”
May 17 – 23, 2008
(accepted by Chief Bill Mathis)

“National Workforce Professionals Month”
May, 2008
(accepted by Laura King)

AGENDA ITEM NO. 5: Presentation by Cheryl Dorrance of the Oklahoma Municipal League regarding Code of Conduct.

Ms. Cheryl Dorrance of the Oklahoma Municipal League addressed Commissioners and explained the Code of Conduct recently reviewed by Commissioners. She stated that many cities have used this tool to show citizens that employees and elected officials intend to set the bar higher than the requirements of state law. Ms. Dorrance noted that under the Code, Commission members have the primary responsibility to set sanctions on their members.

THE COMMISSION DEVIATE FROM THE WRITTEN AGENDA TO CONSIDER AGENDA ITEM NO. 21

AGENDA ITEM NO. 21: Discuss and consider an ordinance increasing water and sewer rates.

Randy Brock, Deputy Utility Director, presented the staffs’ report on a proposal to increase water and sewer rates. Staff has examined potential revenue by projecting 3%, 4%, 5%, 7% and 8% increases. Staff recommended increasing rates by 8%, which will potentially increase revenues by $508,279. Mr. Brock showed five year comparisons of revenue and expenses, addressed critical Shawnee Municipal Authority needs for 2008-09 and discussed the impact proposed increases will have on customers. A single residential customer using 5,000 gallons per month can expect an increase of $2.62 per month. Families using 10,000 gallons will see an increase of $4.91; small business customers using 50,000 gallons will be increased by $22.28 and large business customers using 200,000 gallons will see an increase of $87.80 per month.
Mr. Brock also discussed the current rate analysis being performed by Municipal Finance Systems. MFS will perform an in-depth rate analysis taking into consideration long term needs and determining actual tier levels. They will also prepare an interactive model using Excel which will be formatted to allow changes to basic assumptions and generate various revenue producing scenarios.

Ordinance No. 2352NS was introduced and the title read aloud.

ORDINANCE NO. 2352NS ENTITLED “AN ORDINANCE RELATING TO WATER AND SANITARY SEWER RATES FOR THE CITY OF SHAWNEE, OKLAHOMA, AMENDING SUBSECTIONS 26-26(a) AND (b), ARTICLE II, CHAPTER 26 OF THE CODE OF THE CITY OF SHAWNEE; INCREASING WATER RATES FOR RESIDENTIAL, NON-RESIDENTIAL AND COMMERCIAL USE; AMENDING SECTION 26-27, ARTICLE II, CHAPTER 26 OF THE CODE OF THE CITY OF SHAWNEE; INCREASING SANITARY SEWER RATES FOR RESIDENTIAL, NON-RESIDENTIAL AND COMMERCIAL USE; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”

After further discussion a motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to approve a water and sanitary sewer rate increase of 8% which will become effective July 1, 2008. Motion carried 7-0.

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

CITY COMMISSION NOW RETURNS TO FORMAL AGENDA

AGENDA ITEM NO. 6: Presentation of FY 2008-09 budget.

City Manager Jim Collard highlighted recent changes made by staff to the FY 08-09 proposed budget. He explained that the previous allocation of the 3rd penny sales tax from Streets to Economic Development has been moved back to the Street Department. Shawnee Economic Development Authority is requesting an additional $96,000 in funding to add two full-time positions. They are also recommending the City have a retail analysis performed that will cost approximately $70,000. Dr. Collard’s recommendation is to fund the SEDF’s additional funds request by using $100,000 earmarked for the Wayfinding implementation this year, and to fund the retail analysis from ending balances. He further stated that this scenario would cause the Capital Fund to carry the total responsibility for the debt service, as well as any funds going to economic development.
Commissioner Schrzan was not in favor of providing any additional money for economic development. In addressing the $100,000 the city currently gives to the SEDF, Commissioner Schrzan would like the City to match the amount of money the SEDF raises through their pledge drive with a cap of $100,000. Additionally, Commissioner Schrzan was not in favor of a retail analysis.
Regarding the retail analysis, Dr. Collard stated that citizens need to define the difference between businesses on the “wish list” and those that are more likely to come to Shawnee. He further stated that a retail analysis will determine the right kind of businesses to come to Shawnee. Commissioner Peterson stressed the importance of sales tax to our City and noted that the retail study would cost less than 1% of current revenues.
Staff will continue to review budget options and $20,000 earmarked for court room renovations will be returned to Capital, potentially to fund a portion of the Wayfinding implementation, which could be done in phases.
The final budget will be presented to Commissioners at the June 2nd meeting.

AGENDA ITEM NO. 7: Consider Bids:

a. Rehab Asphalt Streets Paving Project (Various Locations) (Open)
BIDDER AMOUNT

T.J. Campbell Construction Co.
Oklahoma City, OK $656,880.00

FDNJ, Inc. dba A-Tech Paving
Edmond, OK $714,525.00

Rudy Construction Co.
Oklahoma City, OK $746,350.00

Budgeted: $750,523.00

A motion was made by Commissioner Schrzan, seconded by Commissioner Peterson, to defer to staff for review and recommendation at the June 2nd City Commission meeting. Motion carried 7-0.

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

b. Rehab Concrete Streets Paving Project (Various Locations) (Open)


BIDDER AMOUNT

M.L. Young Construction Co.
Oklahoma City, OK $239,000.00

RDNJ, Inc. dba A-Tech Paving
Edmond, OK $206,050.00

Rudy Construction Co.
Oklahoma City, OK $268,000.00

NASM Construction Co.
Oklahoma City, OK $296,500.00

Westchester Development Co.
Shawnee, OK $448,215.00

Central Contracting Services, Inc.
Norman, OK $186,275.00

Budgeted: $229,485.00

A motion was made by Commissioner Peterson, seconded by Commissioner O’Neal, to defer bids to staff for review and recommendation at the next City Commission meeting. Motion carried 7-0.

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

c. Breathing Air Station for Refilling Self-Contained Breathing Apparatus Cylinders (Open)

Two bids were received and read into record.

BIDDER AMOUNT

Casco Industries, Inc.
Oklahoma City, OK $39,651.42


TESCORP
Tulsa, OK $37,305.00

A motion was made by Commissioner Schrzan, seconded by Commissioner Holt, to defer bids to staff for review and recommendation at the June 2nd City Commission meeting. Motion carried 7-0.

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

d. Broadway Street Paving Project (Highland to 7th) (Award)

e. Rehab Asphalt Streets Paving Project (Award)

f. Rosa Street Paving Project (Kickapoo to Ione) (Award)

John Krywicki, City Engineer, discussed these projects. Bids received for these three projects came in $213,496.30 over the amount budgeted for the projects.
The Broadway Street Project (Highland to 7th) came in $53,021.50 over the budget amount with RDNJ, Inc. d/b/a A-Tech Paving providing the lowest and best bid.
The Rehab Asphalt Street Project came in $54,123.80 over budgeted amount with RDNJ, Inc. d/b/a A-Tech Paving providing the lowest and best bid.
The Rosa Street Project (Kickapoo to Ione) came in $106,351.00 over the budgeted amount with Westchester providing the lowest and best bid.
Mr. Krywicki recommended that the projects be approved with the additional funds needed coming from the $289,361 of FY 07-08 unallocated Street Fund money.
No decision was reached regarding Airport Drive in the Rehab Asphalt Paving Project. Mr. Krywicki indicated that accepting the bids is the first step and the decision on which streets to rehab could be made at a future meeting.
A motion was made by Commissioner Holt, seconded by Commissioner Collier, to accept staff’s recommendation. Motion carried 7-0.

AYE: Holt, Collier, Peterson, Stephens, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 8: Presentation from Tom Terry and Nancy Ford on the park located at Main and Broadway.

This item was deferred to the June 2, 2008 City Commission meeting.

AGENDA ITEM NO. 9: Public hearing and consider application of Troy Jaco, Inc.,
Sherman, Texas, for drilling permit near St. Gregory’s University.

Mayor Mills declared a public hearing in session to consider application of Troy Jaco, Inc., for drilling permit near St. Gregory’s University.
Mayor Mills asked if any person wished to appear in favor of or in protest of the drilling permit.
No formal protests were filed with the City Clerk and no others appeared. The public hearing was closed.
A motion was made by Commissioner Schrzan, seconded by Commissioner Peterson, to approve application of Troy Jaco, Inc., Sherman, Texas, for drilling permit. Motion carried 7-0.

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

AGENDA ITEM NO. 10: Public hearing and consider an ordinance requiring a special use permit for treatment centers, defining treatment centers, and assigning zoning classifications with the conditional use permit.

Mayor Mills declared a public hearing in session to consider an ordinance requiring a special use permit for treatment centers, defining treating centers, and assigning zoning classifications with the conditional use permit.
Mayor Mills asked if any person wished to appear in favor of or in protest of the ordinance.
Joanne Jones, Faith Jacoway and Sherrie Parsons appeared to urge Commissioners to pass the ordinance. They also thanked Dr. Collard and city staff for their assistance in expediting this ordinance.
The proposed ordinance sets 300 feet between the treatment center and any occupied residence, church, school, playground, park, or day care and requires a conditional use permit. Representative Kris Steele is working on legislation that will change state law to increase the distance from 300 feet to 1,000 feet. Once this has been approved by the State of Oklahoma, the City will change their ordinance to correspond with state law.

After due and careful consideration, Ordinance No. 2353NS was introduced and the title read aloud.

ORDINANCE NO. 2353NS ENTITLED “AN ORDINANCE RELATING TO REHABILITATION/ABUSE CENTERS, AMENDING THE ZONING OF THE CITY OF SHAWNEE, OKLAHOMA, ARTICLE VI, SECTION 601 – COMMERCIAL USES, ARTICLE VII, SECTION 701 – INDUSTRIAL USES, AND ARTICLE IX, Section 901 – GENERAL USE RESTRICTIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.”

A motion was made by Commissioner Peterson, seconded by Commissioner Holt, that the Title and Ordinance No. 2353NS be approved. Motion carried 7-0.

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

A motion was made by Commissioner Holt, seconded by Commissioner Collier, that Section 5, the emergency clause, be approved. Motion carried 7-0.

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

Thereupon Mayor Mills declared Ordinance No. 2353NS duly passed and adopted.

AGENDA ITEM NO. 11: Consider approval of the preliminary plat for Woodmore Addition located at 2025 E. MacArthur. (Appliant: Robert Woodmore)

The property owner, Robert Woodmore, has submitted a letter asking that the application for preliminary plat be withdrawn.
A motion was made by Commissioner Schrzan, seconded by Commissioner Collier, that the application for Woodmore Addition located at 2025 E. MacArthur be withdrawn. Motion carried 6-0.

VICE MAYOR STEPHENS NOT PRESENT DURING VOTE

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

AGENDA ITEM NO. 12: Consider approval of the final plat for Woodmore Addition located at 2025 E. MacArthur. (Applicant: Robert Woodmore)

The applicant has withdrawn the application for final plat. A motion was made by Commissioner Schrzan, seconded by Commissioner Collier, to approve the withdrawal of the final plat for Woodmore Addition. Motion carried 6-0.

VICE MAYOR STEPHENS WAS NOT PRESENT DURING VOTE

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

AGENDA ITEM NO. 13: Public hearing and consider an ordinance rezoning property located at 2025 E. MacArthur from A-1; Agricultural District to R-1; Single Family Residential District for residential use. (Applicant: Robert and Alethia Woodmore) Case #P17-08.

Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 2025 E. MacArthur from A-1; Agricultural District to R-1; Single Family Residential District for residential use.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning.
Staff report was given by Nancy McNayr. The Planning Commission and staff recommend approval of the request to rezone this property located at 2025 E. MacArthur from A-1 Rural Agricultural District to R-1 Single Family Residential District. No others appeared and no formal protests were filed with the City Clerk and the hearing was closed.
After due and careful consideration, Ordinance No. 2354NS was introduced and read aloud.

ORDINANCE NO. 2354NS 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 662.75 FEET S88º11’20”E OF THE NORTHWEST CORNER OF THE NORTHWEST QUARTER (NW/4) OF SECTION NINE (9), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE S88º11’20”E AND ALONG THE NORTH LINE OF SAID SECTION 9 A DISTANCE OF 331.27 FEET; THENCE S00º59’53”W A DISTANCE OF 635.80 FEET; THENCE N88º14’20”W A DISTANCE OF 331.68 FEET; THENCE N01º02’10”E AND PARALLEL WITH THE WEST LINE OF SAID SECTION 9 A DISTANCE OF 636.07 FEET TO THE POINT OF BEGINNING; REZONING SAID PROPERTY FROM A-1; AGRICULTURAL DISTRICT TO R-1; SINGLE FAMILY RESIDENTIAL DISTRICT, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Stephens, that Ordinance No. 2354NS be approved.




Motion carried 7-0.

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

Thereupon Mayor Mills declared Ordinance No. 2354NS duly passed and adopted.

AGENDA ITEM NO. 14: Public hearing and consider an ordinance rezoning property located at 207 E. 45th from A-1; Agricultural District to C-3: Automotive, Commercial and Recreation District for use as a mini storage facility. (Applicant: Robert and Alethia Woodmore) Case #P15-08

Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located 207 E. 45th. Nancy McNayr presented the staff report and noted that the Planning Commission recommended approval. Staff also recommends approval.
Mr. John “Rocky” Barrett spoke regarding his opposition to the rezoning. He owns 60 acres adjoining the subject property. He stated that the funeral home located next to the property would be adversely affected. Mr. Barrett stated this property would be prime residential space and would welcome a conversation with Mr. Woodmore concerning this.
Mr. Woodmore spoke in favor of the rezoning. He noted that Mr. Barrett had not made his opposition known at the Planning Commission meeting.
After further discussion, Commissioner Schrzan made a motion to accept staff’s recommendation to approve the application for rezoning. Motion died for lack of a second.
Mayor Mills asked for another motion, but did not receive one. No action was taken regarding this rezoning application.

AGENDA ITEM NO. 15: Public hearing and consider an ordinance rezoning property located at 712 E. Highland from R-1; Residential District to C-3; Automotive, Commercial and Recreation District for commercial use. (Applicant John Weger o/b/o Shawnee Auto Mall) Case #P01-08

Nancy McNayr stated that the Planning Commission deferred this item until their July 2nd meeting.
A motion was made by Commissioner Holt, seconded by Commissioner Collier, to defer hearing and consideration of rezoning property located at 712 E. Highland until the July 7, 2008 City Commission meeting. Motion carried 4-1-2.

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

AGENDA ITEM NO. 16: Public hearing and consider an ordinance rezoning property located 4901 N. Kickapoo from CP; Planned Shopping Center District to Planned Unit Development allowing for C-3; Automotive, Commercial and Recreation District and C-3P; Automotive, Commercial and Recreation District with Conditional Use Permit to allow for the sale of beer and alcohol for on-premise consumption. (Applicant: SMC Consulting Engineers, P.C.) Case #P14-08.

Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 4901 N. Kickapoo to allow for the sale of beer and alcohol for on-premise consumption.
Nancy McNayr gave the staff report and a summary of PUD land use and development regulations. The requested PUD concerns three commercial tracks located north of the Shawnee Mall Service Drive and east of Kickapoo Street. The proposed development provides a master plan for a commercial development area possibly mixed with a hotel and restaurants. Staff recommends approval of the request to rezone this property from CP; Planned Shopping Center to Planned Unit Development of Shawnee Mall Subdivision Section 3 for a Conditional Use Permit to allow for the sale of beer & alcohol for on-premise consumption, subject to the requirements of Technical Considerations 1-6.
Mayor Mills asked if any person wished to appear in favor of or in protest of the rezoning. A representative of SMC Consulting Engineers was present and discussed the issue of shared parking for the three tracks, as addressed in the technical considerations. Ms. McNayr noted that the parking plan will be filed with the PUD plan.
No one appeared in opposition and the public hearing was closed.

TECHNICAL CONSIDERATIONS

1. Should the developers wish to ‘sell’ any of the Tracts 1-3 identified in this PUD, the owners will be required to submit a Subdivision Plat or Short Form Plat for approval. This will be required prior to receiving a building permit.
2. The PUD document states that the Conditional Use: Eating Places, other than drive-in, serving beer or alcoholic beverages will be allowed upon approval of the PUD within each of Tracts 1-3. Currently, when ownership changes for a business with a Conditional Use Permit for on-premise or off-premise sell of alcohol or beer, the new owner is required to obtain a new Conditional Use Permit. The Planning Commission and City Commission may wish to consider requiring any future change ownership of such of business to submit application for a new Condition Use Permit.

In either case, the PUD document must add this statement:

“The Conditional Use is restricted to one (1) such use per Tract 1, 2, and 3. Prior to the establishment of such use, the business owner shall 1) meet all City license procedures required to obtain a City Mixed Beverage license or Beer license; 2) the business must obtain and submit copies to the City of Shawnee all State and/or County required alcohol and beer licenses, 3) must meet all State, County, and City requirements to establish the use”.

3. Section 8.2.4 of the PUD documents states: “The following C-3 Automotive and Commercial Recreation District uses will be prohibited.” This list needs to be completed and referred to in Section 8.1.
4. Referencing the PUD document and the issue of shared parking for these 3 tracts and Lots 2 and 8 of Block A Shawnee Mall, prior to receiving a building permit, the applicant must show by number and graphically that the parking requirements for any new building permit application meets the City’s parking requirements. Parking requirements cannot be varied through the PUD process (Section 1101.5.7 of the Zoning Code).
5. Referencing Section 12.6 of the PUD Document, the sign ordinance requirements cannot be varied through the PUD process (Section 1101.5.7 of the Zoning Code). Section 12.6 of the PUD document must be amended to “…less than four (4) square feet…”
6. The City Engineer is reviewing the drainage information submitted with this application.

After due and careful consideration, Ordinance No. 2355NS was introduced and read aloud.

ORDINANCE NO. 2355NS ENTITLED “A TRACT OF LAND LYING IN THE NORTH HALF (N/2) OF SECTION THIRTY-ONE (31), TOWNSHIP ELEVEN (11) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, AND BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER (SW/C) OF SAID NORTH HALF (N/2); THENCE S89º37’23”E ALONG THE SOUTH LINE OF SECTION 31 A DISTANCE OF 1489.11 FEET; THENCE N00º17’31”E A DISTANCE OF 341.94 FEET, TO A POINT ON THE NORTH RIGHT OF WAY LINE OF INTERSTATE 40, BEING THE POINT OF BEGINNING; THENCE N00º00’57”E A DISTANCE OF 249.69 FEET; THENCE S89º59’03”E A DISTANCE OF 328.46 FEET; THENCE N00º00’00”E A DISTANCE OF 51.15 FEET; THENCE N90º00’00”E A DISTANCE OF 18.92 FEET; THENCE N00º00’00”E A DISTANCE OF 115.50 FEET; THENCE N90º00’00”E A DISTANCE OF 210.21 FEET TO A POINT ON A NON-TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE SOUTHEASTERLY HAVING A RADIUS OF 191.06 FEET AND SUBTENDED BY A CHORD 58.16 FEET IN LENGTH BEARING S15º24’16”E A DISTANCE OF 58.39 FEET; THENCE S02º15’00”E A DISTANCE OF 110.73 FEET; THENCE S00º00’57”W A DISTANCE OF 252.47 FEET; THENCE N89º42’29”W A DISTANCE OF 577.40 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM CP; PLANNING SHOPPING DISTRICT TO PUD; PLANNED UNIT DEVELOPMENT ALLOWING FOR C-3; AUTOMOTIVE, COMMERCIAL & RECREATION DISTRICT AND C-3P; AUTOMOTIVE, 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 Collier, to approve the rezoning of three commercial tracks at 4901 N. Kickapoo subject to Technical Considerations 1-6. Motion carried 7-0.

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

Thereupon Mayor Mills declared Ordinance No. 2355NS duly passed and adopted.

AGENDA ITEM NO. 17: Public hearing and consider an ordinance rezoning property located at 3940 N. Harrison from C-3; Automotive, Commercial and Recreation District to C-3P; Automotive, Commercial and Recreation District with Conditional Use Permit for use as a gymnastics center and offices. (Applicant: Glynn Dinsmore, Dinsmore Motor Plaza, Inc.) Case #P16-08

Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 3940 N. Harrison from C-3 to C-3P; Conditional Use Permit for use as a gymnastics center and offices.
Mayor Mills asked if any person wished to appear in favor of or in protest of the rezoning.
Staff report was given and it was noted that the request is to establish a Gymnastic Center (school and facilities to hold gymnastic meets) and offices be approved. No others appeared and the public hearing was closed.
After due and careful consideration Ordinance No. 2356NS was introduced and the title read aloud.

ORDINANCE NO. 2356NS 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: THE SOUTH FIVE (5) ACRES OF THE NORTH TEN (10) ACRES OF BLOCK W. ARMOURDALE ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF REZONING SAID PROPERTY FROM C-3; AUTOMOTIVE, COMMERCIAL AND RECREATION DISTRICT TO C-3P; AUTOMOTIVE, COMMERCIAL AND RECREATION DISTRICT WITH CONDITIONAL USE PERMIT AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Vice Mayor Stephens, seconded by Commissioner Collier, that the Title and Ordinance No. 2356NS be approved. Motion carried 7-0.

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

Thereupon Mayor Mills declared Ordinance No. 2356NS duly passed and adopted.

AGENDA ITEM NO. 18: Consider authorizing City Manager to spend an additional $15,000.00 on contract for planning services during the Community Development Director search.

A motion was made by Commissioner Peterson, seconded by Commissioner Holt, authorizing City Manager to spend an additional $15,000.00 on the contract for planning services during the Community Development Director search. Motion carried 7-0.

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

AGENDA ITEM NO. 19: Consider an ordinance allowing double flat markers at the City of Shawnee cemetery and establishing size and location of markers and declaring an emergency.

Ordinance No. 2357NS was introduced and the title read aloud.

ORDINANCE NO. 2357NS ENTITLED “AN ORDINANCE RELATING TO FLAT MARKERS ON BURIAL SPACES AT THE CITY CEMETERY; AMENDING SECTION 10-13(c), CHAPTER 10 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; ALLOWING DOUBLE FLAT MARKERS FOR SIDE-BY-SIDE GRAVES AT THE CITY CEMETERY; ESTABLISHING THE SIZE AND LOCATION OF THE DOUBLE FLAT MARKERS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.”

A motion was made by Vice Mayor Stephens, seconded by Commissioner O’Neal, that the Title and Ordinance No. 2357NS be approved. Motion carried 7-0.

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

Thereupon Mayor Mills declared Ordinance No. 2357NS duly passed and adopted.

A motion was made by Commissioner Peterson, seconded by Commissioner Holt, that Section 3, the emergency clause, be approved. Motion carried 7-0.

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

AGENDA ITEM NO. 20: Presentation and consideration of skate park design.

James Bryce, Parks Director, outlined the costs associated with the proposed skate park, and options, as follows:

Cost of the Skate Park equipment: $65,943.81
Installation: $6,594.38

60 X 110 concrete pad
Approximately 82 yards: $7,544.00
Labor to finish $17,206.00
Total Cost $97,288.19

Budgeted: $105,731.00


Total with options Savings

Find a sponsor to donate concrete $89,744.19 -$7,544.00
City Installs skate equipment
(-50% of installation) $93,991.00 -$3,297.19

Extras
Enclosed framework
(+10% of equipment cost) $103,882.57 +$6,594.38

By enclosing framework, having concrete donated, and the City helping with installation of equipment the total cost $93,041.38
(adding and subtracting the above figures)

A motion was made by Commissioner Peterson, seconded by Commissioner O’Neal, to approve the skate park design, including the enclosed framework, in the amount of $105,000 from current funds and with a supplement to the budget from the beginning Capital Fund balance. Motion carried 7-0.

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

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)

There was no New Business.

AGENDA ITEM NO. 23: Administrative Reports

There were no Administrative Reports.

AGENDA ITEM NO 24: Consideration and possible action to enter into Executive Session to discuss the status of the City of Shawnee’s appeal of the Minimum Manning Arbitration Award including discussion of the Court’s order in City of Shawnee v. I.U.P.A. Local No. 3, Case No. C-2007-014544, District Court, Pottawatomie County, upon the advice of legal counsel that public disclosure would materially impair the ability of the public body to act on such matters in the public interest, all as authorized by 25 O.S. §307(B)(1) and (4)

A motion was made by Commissioner Holt, seconded by Commissioner Peterson, to enter into Executive Session. Motion carried 6-1.

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

CITY COMMISSION NOW IN EXECUTIVE SESSION AT 10:15 P.M. WITH SIX COMMISSIONERS PRESENT; COMMISSIONER SCHRZAN NOT PRESENT.

CITY COMMISSION RECONVENED IN REGULAR SESSION AT 10:35 P.M. WITH SIX COMMISSIONERS PRESENT

AGENDA ITEM NO. 25: Consideration and possible action on matters discussed in Executive Session regarding the appeal of the Minimum Manning Arbitration Award including possible action to authorize the City Manager to file a Petition in Error with the Oklahoma Supreme Court appealing the Order of the District Court.

A motion was made by Commissioner Peterson, seconded by Commissioner Holt, to authorize city staff to appeal the decision of the District Court to the Oklahoma Supreme Court. Motion carried 6-0.

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

AGENDA ITEM NO. 26: Commissioners Comments

There were no Commissioner Comments.

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 6-0. (10:36 p.m.)

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



_________________________
CHUCK MILLS,
MAYOR
(SEAL)

ATTEST:

PHYLLIS LOFTIS, CITY CLERK


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