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Date: 11/16/2009Board: City CommissionDocumentType: MinutesWeb Posted: 12/8/2009 1:24:54 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
NOVEMBER 16, 2009 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, November 16, 2009 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Peterson presided and called the meeting to order. Upon roll call, the following members were in attendance.

Linda Peterson
Mayor

Pam Stephens Frank Sims
Commissioner Ward 1-Vice Mayor Commissioner Ward 2

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4

John Winterringer Carl Holt
Commissioner Ward 5 Commissioner Ward 6

ABSENT:

INVOCATION REV. BOB SEARL
UNIVERSITY BAPTIST CHURCH
FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda:

A motion was made by Commissioner Sims, seconded by Commissioner Holt, to approve the Agenda. Motion carried 7-0.

AYE: Sims, Holt, Stephens, Harrod, Peterson, Collier, Winterringer
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 Number 13.

b. Minutes from the November 2, 2009 meeting

c. Budget Amendment ODOC NSP Program Fund FY 2009-2010

d. Appropriation of beginning fund balance on the following funds:

SMA Fund 501, Capital Improvement Fund 301, General Fund 001, Street Improvement Fund 302, General Fund 001, Gifts and Contribution Fund 706

e. Budget Amendment for Capital Improvement Fund 301

f. Budget Amendment for Gifts and Contribution Fund 706

g. Supplemental Budget Amendment for Capital Improvement Fund 301 for Police Department

h. Supplemental Budget Amendment for Capital Improvement Fund 301 for Police Department

i. Supplemental Budget Amendment for Capital Improvement Fund 301 for Fire Department

j. Budget Amendment FY 2009-2010 General Fund

k. Acknowledge the following minutes and reports:

• Planning Commission minutes from October 7, 2009
• Shawnee Urban Renewal Authority minutes from October 6, 2009
• Airport Advisory Board minutes from September 16, 2009 and October 12, 2009
• Project Payment report October 1-31, 2009
• License Payment report October 1-31, 2009

l. Acknowledge Holiday Schedule for 2010.

m. Acknowledge schedule of regular meeting dates for the City Commission and Related Authorities for the 2010 calendar year.

n. Acknowledge receipt of DEQ Permit No. SL000063090910 for Sanitary Sewer Line Extension for Windmill Ridge Section 4.

o. Acknowledge receipt of DEQ Permit No. WL000063090909 for Water Line Extension for Windmill Ridge Section 4.

p. Authorize staff to request bids for backup chlorinator replacement at the Water Treatment Plant.

q. Authorize staff to engage Mehlburger Brawley to complete the engineering phase for the Pumps and Controls at the Water Treatment Plant.

r. Transfer of Budget between departments and/or projects SMA Fund 501. To transfer between projects in the SMA Fund 501 for funding engineering services for pumps and controls for water.

s. Authorize staff to purchase a GMC 1 Ton truck for the Water Distribution Department from the state contract, amount budgeted $30,000.

t. Approve Amendment Numbers 8 and 9 to the LBR Contract dated September 18, 2007, to Provide Plans and Specifications for the 2010 Construction Project titled “Reconstruct, Realign, Mark, and Light the South Portion & Overlay, Mark, and Light the North Portion of the Parallel and Connecting Taxiways Serving Runway 17-35; Improve the Runway 17 Safety Area, North of the Runway 17 End; and Provide Hourly Services Associated with the FAA Maintained Equipment Affected by the Project”.

A motion was made by Commissioner Sims, seconded by Commissioner Collier, to approve Consent Agenda Item No. 2(a-t), as presented. Motion carried 7-0.

AYE: Sims, Collier, Winterringer, Holt, Stephens, Harrod, Peterson
NAY: None

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

Linda Agee, Shawnee Twin Lake resident, spoke in support of the City of Shawnee renewing the lease with the Commissioners of the Land Office and to continue to sublease to the leaseholders of the North School and South School Tracts of Shawnee Twin Lakes. Ms. Agee cites protection of the watershed and shoreline erosion as some of her concerns.

AGENDA ITEM NO. 4: City Manager presentation to Employee of the Month, Steve Nelms, Supervisor in the Waste Water Collection Division.

City Manager Brian McDougal presented a plague and certificate to Steve Nelms, Supervisor in the Waste Water Collection Division, as the November employee of the month in recognition of his excellent service and dedication to the City of Shawnee.
Mr. Nelms was present to accept.

AGENDA ITEM NO. 5: Presentation by Commissioners of the Land Office with discussion and possible action regarding lease with City of Shawnee for North School and South School Tracts located at Shawnee Lake.

Prior to the presentation by the CLO, Commissioner Harrod stated his strong opposition to allowing the CLO to speak. He stated that the City had not been given the same opportunity to speak at CLO meetings. Commissioner Harrod stated that the City was being bullied by the CLO and also expressed his disappointment with Governor Henry regarding this issue. Commissioner Harrod expressed doubt as to whether the CLO actually owns the property in question.
Mayor Peterson explained that she had spoken to the Governor regarding this matter at a recent luncheon and he had referred her to Mr. Hunter of the CLO. The governor also recently signed a Resolution containing guidelines and boundaries which the CLO will follow in their future leasing of this property. The Resolution carries more weight than the Memorandum of Understanding previously provided by the CLO. Mayor Peterson reviewed the options that were before the Commission, which were to renew the lease with the CLO and continue to sublease to leaseholders, or to not renew the lease and allow the leaseholders to lease directly with the CLO.
Commissioner Sims addressed the issue of ownership of the school land tracts by citing two documents. One document was the Shawnee City Commission minutes of January 22, 1935. This document directs the City to pay to the School Land Commission the sum of $3,060.00, but is unclear regarding the purpose of the payment. The second document is the minutes of the School Land Commission from February 11, 1935, which grants to the City of Shawnee an easement/right-of-way for 360 acres for the sum of $3,060.00. This easement was granted for the purpose of creating Lake No. 1.
City Attorney John Canavan, responding to a question by Commissioner Sims, stated that in his opinion the City of Shawnee did not own the property but had only purchased an easement in 1935.
A presentation was then given by governor-appointed Mike Hunter, CLO secretary in hopes of clarifying the CLO’s intent on how the city might continue to protect the watershed around that area of the lake if they no longer held the lease agreement. Mr. Hunter stated that the CLO was submitting itself to the ordinances of Shawnee to determine how future use of property shall occur.
Vice Mayor Pam Stephens received confirmation from the CLO that the school land leases will never exceed 3 years and that they would have to be competitively bid out if a longer lease was ever considered.
Justin Erickson, Community Development Director, said that a Memorandum of Understanding from the CLO suggested Shawnee would maintain control through its city ordinances regarding any development of the land. Resolution 09-001 states that the CLO will “Plat and zone the property under the guidelines of the city’s ordinances”. Mr. Erickson confirmed that it is still staffs’ recommendation to not renew the lease with the CLO.
A motion was made by Commissioner Sims, seconded by Commissioner Holt, not to renew the lease with Commissioners of the Land Office and allow residents to lease directly from the CLO and to further acknowledge Resolution 09-001from the CLO and signed by Governor Henry. Motion carried 5-2.

AYE: Sims, Holt, Peterson, Collier, Winterringer
NAY: Stephens, Harrod

AGENDA ITEM NO. 6: Public hearing and consideration of an ordinance with a Conditional Use Permit in C-3 zoning district to allow for the sale of alcohol for on premise consumption for property located at 601 E. Highland Street. Case #P19-09
(Applicant: William Dockery)

Mayor Peterson declared a public hearing in session to consider an ordinance for Conditional Use Permit to allow for the sale of alcohol on premise for property located at 601 E. Highland Street.
Mayor Peterson asked if any person wished to appear in favor of or in protest of the rezoning.
Staff report was waived, but recommended approval in their written report.
No one appeared and the public hearing was closed.

Ordinance No.2417NS was introduced and read aloud.

ORDINANCE NO. 2417NS ENTITLED “AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, TO-WIT: LOTS ONE (1) AND TWO (2) AND THE NORTH TWENTY (20) FEET OF LOT THREE (3), BLOCK ONE (1), CHOCTAW ADDITION, 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 Harrod, seconded by Commissioner Collier, to approve conditional use permit to allow for the sale of alcohol and on-premise consumption for property located at 601 E. Highland. Motion carried 7-0.

AYE: Harrod, Collier, Winterringer, Holt, Stephens, Sims, Peterson
NAY: None

Thereupon Mayor Peterson declared Ordinance No. 2417NS duly passed and adopted.

AGENDA ITEM NO. 7: Public hearing and consideration of an ordinance to rezone property from R-3; Multi Family to C-1; Neighborhood Commercial for property located at 100 E. 45th Street. Case #P20-09 (Applicant: Dr. Marshall Gleckler)

Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property from R-3; Multi Family to C-1; Neighborhood Commercial for property located at 100 E. 45th Street.
Mayor Peterson asked if any person wished to appear in favor of or in protest of the rezoning.
Staff report was waived, but recommended approved in their written report. No one appeared and the public hearing was closed.

Ordinance No. 2418NS was introduced and read aloud.

ORDINANCE NO. 2418NS 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 TRACT OF LAND DESCRIBED AS BEING A PART OF THE SOUTHWEST QUARTER (SW/4) OF SECTION THIRTY-ONE (31), TOWNSHIP ELEVEN (11) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF THE SAID SOUTHWEST QUARTER (SW/4); THENCE N89°54’06”W ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER (SW/4) A DISTANCE OF 230.02 FEET; THENCE N00°54’05”E A DISTANCE OF 250.02 FEET; THENCE S89°54’06”E A DISTANCE OF 230.02 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHWEST QUARTER (SW/4); THENCE S00°54’05”W ON SAID EAST LINE A DISTANCE OF 250.02 FEET TO THE POINT OF BEGINNING IN THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING FROM R-3; MULTI FAMILY RESIDENTIAL TO C-1; NEIGHBORHOOD COMMERCIAL; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Holt, seconded by Commissioner Winterringer, that the Title and Ordinance No. 2418NS be approved. Motion carried 7-0.

AYE: Holt, Winterringer, Stephens, Sims, Harrod, Peterson, Collier
NAY: None

Thereupon Mayor Peterson declared Ordinance No. 2418NS duly passed and adopted.

AGENDA ITEM NO. 8: Public hearing and consideration of an ordinance with a Conditional Use Permit in R-3; Multi Family zoning district to allow for a day care for property located at 418 W. 11th Street. Case #P21-09 (Applicant: Goldia Morris)

Mayor Peterson declared a public hearing in session to consider an ordinance for Conditional Use Permit to allow for a day care for property located at 418 W. 11th Street.
Mayor Peterson asked if any person wished to appear in favor of or in protest of the rezoning.
Staff report was waived, but recommended approval in their written report subject to the following conditions.

1. Prior to opening the daycare, the applicant must receive a Certificate of Occupancy from the Building Official and approval from the City Fire Marshall.
2. All applicable zoning and land use standards apply.

No others appeared and the public hearing was closed.

Ordinance No.2419NS was introduced and read aloud.

ORDINANCE NO. 2419NS 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: LOT TEN (10), BLOCK FIVE (5), AMENDED PLAT TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM R-3; MULTI FAMILY TO R-3P; MULTI FAMILY WITH CONDITIONAL USE PERMIT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, that the Title and Ordinance No. 2419NS be approved with the noted conditions being met. Motion carried 7-0.

AYE: Harrod, Collier, Winterringer, Holt, Stephens, Sims, Peterson
NAY: None

Thereupon Mayor Peterson declared Ordinance No. 2419NS duly passed and adopted.

AGENDA ITEM NO. 9: Presentation by Sister Cities Council on Nikaho delegation visit.

Shana Hibler, Treasurer, for the Sister Cities Council introduced four of the delegates who recently traveled to Nikaho, Japan July 29-August 5, 2009 as follows:
Kristen Grimes- Spanish teacher at North Rock Creek
Tara Taylor- student at Grove School
Zachary France- student at North Rock Creek
Anna Leon- student at Shawnee Middle School

Each gave a brief report on their experiences in Japan and the relationships formed with their host families.

AGENDA ITEM NO. 10: Presentation by Ken Fullbright, Executive Director of Pottawatomie County Historical Society.

The topic of Mr. Fullbright’s presentation was the expansion of the Santa Fe Depot museum. He provided architectural drawings to the Commission of the 15,000 sq. foot addition. Mr. Fullbright stated that they are currently raising funds for the 1.6 – 2.0 million dollar project.

AGENDA ITEM NO. 11: Consider a resolution of support for the 2009 Transportation Investment Generating Economic Recovery (TIGER) discretionary grant application submitted under the American Recovery and Reinvestment Act by the Oklahoma Department of Transportation on behalf of the citizens and businesses of Shawnee and the surrounding communities for freight rail improvements – Oklahoma City to Shawnee and within Shawnee.

Resolution No. 6365 was introduced and read aloud.

RESOLUTION NO. 6365 ENTITLED “A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF SHAWNEE, REQUESTING THAT THE HONORABLE SENATOR TOM COBURN, THE HONORABLE SENATOR JIM INHOFE, AND THE HONORABLE RESEPRESENTATIVE MARY FALLIN SUPPORT THE 2009 TRANSPORTATION INVESTMENT GENERATING ECONOMIC RECOVERY (TIGER) DISCRETIONARY GRANT APPLICATION SUBMITTED UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT BY THE OKLAHOMA DEPARTMENT OF TRANSPORTATION ON BEHALF OF THE CITIZENS AND BUSINESSES OF SHAWNEE, OKLAHOMA AND THE SURROUNDING COMMUNITIES FOR FREIGHT RAIL IMPROVEMENTS-OKLAHOMA CITY TO SHAWNEE, OKLAHOMA AND WITHIN SHAWNEE, OKLAHOMA.”

This resolution urges our Federal representatives to “jointly support the TIGER Grant, submitted by the Oklahoma Department of Transportation for freight rail improvements from Oklahoma City to Shawnee, which is vital to the economic sustainability and prosperity of this region.”
A question was asked of Shawnee Economic Development Foundation Director Tim Burg as to whether this was the same resolution passed by the SEDF. Mr. Burg had not seen the City’s resolution but felt in was the same or similar.
A motion was made by Commissioner Sims, seconded by Commissioner Holt, that Resolution No. 6365 be approved, providing it is the same or similar to the one passed by the Shawnee Economic Development Foundation.
Motion carried 7-0.

AYE: Sims, Holt, Stephens, Harrod, Peterson, Collier, Winterringer
NAY: None

AGENDA ITEM NO. 12: Acknowledge Sales Tax Report through November 2009

Interim Finance Director Stephen Nolen noted that the sales tax collections are down for the fourth month in a row and showing a $320,092 deficit compared to year-to-date budget projections. City staff will attend a mid-year budget meeting within the next two weeks to examine department budgets looking for areas where budget cuts can be made and discussing other budget options.

AGENDA ITEM NO. 13: Consider Bids:

a. Digester Cleaning at Southside Wastewater Treatment Plant (Award)

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, that the bid for Digester Cleaning at Southside Wastewater Treatment Plant be awarded to Ace Pipe Cleaning, Inc., Kansas City, MO for the alternate bid as the lowest and best bid in the amount of $32,000.00. Motion carried 7-0.

AYE: Harrod, Collier, Winterringer, Holt, Stephens, Sims, Peterson
NAY: None

AGENDA ITEM NO. 14: New Business (Any matter not known about or which could not have been reasonably foreseen prior to the posting of the agenda)

There was no New Business.

AGENDA ITEM NO. 15: Administrative Reports

Utility Director Jim Bierd reported on the progress made regarding the construction of the new water line. He stated that the engineering for the pumps and controls would begin soon.



AGENDA ITEM NO. 16: Consideration and possible action to enter into an Executive Session to discuss pending litigation entitled City of Shawnee v. Holloway, Updike & Bellen, et al, Case number CJ-06-236, District Court, Pottawatomie County, pursuant to 25 O.S. §307 (B)(4) on recommendation of counsel.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to enter into Executive Session to discuss pending litigation entitled City of Shawnee v. Holloway, Updike & Bellen, et al, Case number CJ-06-236, District Court, Pottawatomie County, pursuant to 25 O.S. §307 (B)(4) on recommendation of counsel. Motion carried 7-0.

AYE: Harrod, Sims, Peterson, Collier, Winterringer, Holt, Stephens
NAY: None

CITY COMMISSION NOW ENTERS EXECUTIVE SESSION AT 8:23 P.M. WITH ALL COMMISSIONERS PRESENT

CITY COMMISSION RECONVENED IN REGULAR SESSION AT 9:10 P.M. WITH ALL COMMISSIONERS PRESENT

AGENDA ITEM NO. 17: Consider matters discussed in Executive Session to regarding pending litigation entitled City of Shawnee v. Holloway, Updike & Bellen, et al, Case number CJ-06-236, District Court, Pottawatomie County, pursuant to 25 O.S. §307 (B)(4) on recommendation of counsel.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to accept the Memorandum of Understanding presented at the mediation between the parties on November 11, 2009. Motion carried 7-0.

AYE: Harrod, Sims, Peterson, Collier, Winterringer, Holt, Stephens
NAY: None


AGENDA ITEM NO. 18: Commissioners Comments

Commissioner Holt mentioned the award luncheon he attended recently of the George Kaiser Family Foundation where a grant was given to Family Promises of Shawnee. He also noted First National Bank’s recent 25th anniversary celebration.

Commissioner Harrod asked City Attorney John Canavan about expenses involved in a title search of the North and South School Tracts at Shawnee Lake. Commissioner Harrod wants a more definitive answer regarding the ownership of the property in question. Commissioner Harrod stated that he would check with First American Title to see if they are holding the abstract and he would then speak with Mr. Canavan about the title search.
Commissioner Harrod also asked about the formation of the Citizens’ Advisory Committee and was informed by the Mayor that she now has everyone’s nominations and the appointments will be made at the next City Commission meeting.
Commissioner Harrod also requested that an item be added to the next agenda which would increase the lease terms for Shawnee Lake residents to 30 years. City Manager Brian McDougal stated he was in agreement with Commissioner Harrod on the increased lease terms, but requested that staff be given more time to review and discuss land use issues. Commissioner Harrod stated that he would like to see something regarding this issue by the first of next year.
Commissioner Harrod spoke again regarding the decision made earlier to not renew the City’s lease with the Commissioners of the Land Office. He stated that he was concerned that we have sold out our water supply and thinks we were bullied by the Governor and the CLO.

Mayor Peterson asked the Commission to consider cancelling the City Commission meeting scheduled for December 21st. Citing conflicts with everyone’s holiday plans, she suggested that unless city business required the meeting, staff should try to keep this date clear. City Manager McDougal agreed to look into the possibility of cancelling the meeting.

Commissioner Sims stated that he liked the option of the 30 year lease mentioned by Commissioner Harrod, but also would like to see a Lake Ranger or lake dedicated police officer in the future.
Commissioner Sims also asked for thoughts and prayers for Commissioner Collier and family, who suffered the loss of a former relative in the recent attack at Fort Hood military base.

AGENDA ITEM NO. 19: Adjournment

There being no further business to be considered, a motion was made by Commissioner Sims, seconded by Commissioner Winterringer, that the meeting be adjourned. Motion carried 7-0. (9:25p.m.)

AYE: Sims, Winterringer, Holt, Stephens, Harrod, Peterson, Collier
NAY: None


LINDA PETERSON, MAYOR



(SEAL)

ATTEST:

PHYLLIS LOFTIS,
CITY CLERK




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