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Date: 12/7/2009Board: City CommissionDocumentType: MinutesWeb Posted: 1/5/2010 10:33:16 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
DECEMBER 7, 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, December 7, 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

Absent 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: Stephens

INVOCATION REV. LARRY SPARKS
NEW BEGINNINGS CHURCH
FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda:

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to approve the Agenda. Motion carried 6-0.

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




AGENDA ITEM NO. 2: Consider approval of Consent Agenda:

a. Minutes from the November 16, 2009 meeting

b. Acknowledge the following minutes and reports:

• Planning Commission minutes from November 4, 2009
• Shawnee Civic and Cultural Development Authority minutes from October 15, 2009
• Shawnee Public Library Advisory Board minutes from July 14, 2009

c. Lake Site Lease Transfers and Renewals:
Transfers
• Lot 5 Roewe Tract, 15509 Perry Road
From: G. Pfaff
To: C. Collie and B. Rush

• Lot 5 Hart Tract, 16205 Hart Road
From: A. Woodrell and L. Woodrell
To: D. Boyne and V. Boyne
Renewals
• Lot 7 Hart Tract, 16211 Hart Road
J. Davis

• Lot 6 Hart Tract, 16209 Hart Road
J. Davis

• Lot 2 Roewe Tract, 15513 Perry Road
D. Bradley

• Lot 2 Magnino A Tract, 17004 Magnino Road
C. Head, Jr. and R. Denz, Sr.

• Lot 3 / 4 Green Tract, 32105 Hornbeck Road
J. Mankin and S. Mankin

• Lot 13 Hart Tract, 16401 Hart Road
J. Reid

• Lot 11 Hart Tract, 16315 Hart Road
S. Walker and S. Walker

• Lot 12 Hart Tract, 16319 Hart Road
S. Walker and S. Walker

• Lot 7 Green Tract, 32006 Hornbeck Road
L. Spencer and K. Spencer

d. Acknowledge Mayor’s Appointments:
NAME BOARD TERM EXPIRES
Stephen Rice SURA 2/2/2012
Harmik DerSahakian Airport Advisory 7/01/2010

e. Acknowledge request from Shawnee Convention and Visitors Bureau for re-appointment of board member Randy Floyd to his first full three year term and appoint Kelly Chandra to a two year term to replace Bree Browning.

f. Approve resolutions of necessity for acquisition of parcels numbered 51.1, 20.1, 20.2, 55.1, 55.2, 54.1, 54.2, 54.3, 42, 42.1, 42.2, 42.3, 70, 71, 71.1, 71.2, 71.3,43.1, 43.2, 17.1, 17.2, 17.3, 19.1, 19.2, 59, 59.1, 59.2, 45, 45.1, 45.2, 45.3, 38.1, 38.2, 38.3, 38.4, 7.1, 7.2, 7.3, 7.4, 8.1, 8.2, 24.1, 24.2, 64, 64.1, and 64.2 on Kickapoo Street paving project by either purchase or condemnation.

g. Acknowledge workers’ compensation settlement for Daniel Cope.

h. Acknowledge a resolution of appreciation to Corporal Patricia (Candie) Swinney upon her retirement.

i. Acknowledge renewal of agreement with the Shawnee Youth Athletic Association for care and use of the Lions Club Park.

j. Acknowledge renewal of agreement with the YMCA for care and use of ball fields at Dockrey Park.

Before voting on the Consent Agenda, Commissioner Harrod requested that Consent Agenda Item No. 2(h) be pulled for separate consideration. Mayor Peterson also requested that 2(c) be pulled as well.
A motion was made by Commissioner Sims, seconded by Commissioner Harrod, to approve Consent Agenda Item No. 2(a-j), less (c and h). Motion carried 6-0.

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

Mayor Peterson pointed out that Consent Agenda Item No. 2(c) concerning the Lake Site Lease Transfer for Lot 5 Hart Tract, 16205 Hart Road reads incorrectly. The transfer should be From: A. Woodrell and L. Woodrell To: D. Boyne and V. Boyne.
Concerning Consent Agenda Item No. 2(h), acknowledging a resolution of appreciation to Corporal Patricia Swinney upon her retirement.

Resolution No. 6366 was introduced and read aloud.

RESOLUTION NO. 6366 ENTITLED “A RESOLUTION EXPRESSING APPRECIATION TO PATRICIAL (CANDIE) SWINNEY FOR OVER 25 YEARS OF 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 PATRICIA (CANDIE) SWINNEY.”

Ms. Swinney was present to accept.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, that Consent Agenda Item No. 2 (c) be approved as amended Consent Agenda Item No. 2 (h) be approved as presented. Motion carried 6-0.

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

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

There was no Citizens Participation.



AGENDA ITEM NO. 4: Mayor’s Proclamations and Presentations:

Proclamation
“World Hypnotism Day"
January 4, 2010

Commissioner John Winterringer presented a proclamation declaring January 4, 2010 as “World Hypnotism Day”. Mr. John Fredman was present to accept.

Presentation
Oklahoma Municipal League certificates to employees with 25 or more years of service with the City of Shawnee

• Rickey Reynolds Plant Operator, North Side Treatment Plant
• William Neal Motley Lieutenant, Fire Department
• Patricia Swinney Corporal, Police Department
• Lisa Moody Accounts Payable Administrator, Finance

Ms. Moody and Ms. Swinney were present to accept.

AGENDA ITEM NO. 5: City Manager’s presentation to Employee of the Month, Tony Adams of the Fire Department.

City Manager Brian McDougal presented a plaque and gift certificate to Tony Adams, Fire Department, as the December employee of the month in recognition of his 16 years of excellent and dedicated service to the City of Shawnee as a paramedic.
Mr. Adams was present to accept.

AGENDA ITEM NO. 6: Public hearing and consider an ordinance allowing a Conditional Use Permit in CP zoning district to allow the sale of beer and alcohol for on premise consumption for property located at 4901 N. Kickapoo Suite 6705.
(Applicant: Shawnee Wings LLC) Case #P22-09

Mayor Peterson declared a public hearing in session to consider an ordinance allowing the sale of beer and alcohol for on premise consumption located at 4901 N. Kickapoo Suite 6705.
Mayor Peterson asked if any person wished to appear in favor of or in protest of the conditional use permit.
It was noted that the applicant requests a Conditional Use Permit to allow for on-site consumption of beer and alcohol within a new commercial establishment (Shawnee Wings LLC) located within the Shawnee Mall complex. Allowing for the commercial enterprise to serve alcohol at this site is consistent with other conditional use permits that have been approved for restaurants throughout the City and within close proximity of the subject site. The Planning Commission recommended approval of this request. No persons appeared and the public hearing was closed.

A motion was made by Commissioner Sims, seconded by Commissioner Collier, to approve the rezoning of property located at 4901 N. Kickapoo Suite 6705.

Ordinance No. 2420 was introduced and read aloud.

ORDINANCE NO. 2420 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 EIGHT (8), BLOCK A, SHAWNEE MALL SUBDIVISION, LESS PART OF SAID LOT BEING REPLATTED INTO SHAWNEE MALL SUBDIVISION SECTION 2 TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM CP; PLANNED SHOPPING TO CPP; PLANNED SHOPPING WITH CONDITIONAL USE PERMIT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

Motion carried 6-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2420 duly passed and adopted.

AGENDA ITEM NO. 7: Public hearing and consider an ordinance rezoning property located at 39202 W. MacArthur from RE: Rural Estates to C-3; Automotive, Commercial and Recreation.
(Applicant: Brian Mahaffey)
Case #P23-09

Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property located at 39202 W. MacArthur.
Mayor Peterson asked if any person wished to appear in favor of or in protest of the rezone.
Mr. Brian Mahaffey, the applicant, is requesting the C-3, noting that the subject property will facilitate expansion of the existing MacArthur Storage facility.
The Planning Commission recommended approval of the request to rezone property located at 39202 W. MacArthur from RE: Rural Estates to C-3; Automotive, Commercial and Recreation.

No persons appeared and the public hearing was closed.

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to approve the rezoning of property located at 39202 W. MacArthur.

Ordinance No. 2421 was introduced and read aloud.

ORDINANCE NO. 2421 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 1484 FEET WEST OF THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW/4) OF SECTION TWO (2), TOWNSHIP TEN (10) NORTH, RANGE THREE (3) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE NORTH 1320 FEET; THENCE EAST 164 FEET; THENCE NORTH 660 FEET; THENCE WEST 264 FEET; THENCE SOUTH 1980 FEET; THENCE EAST 100 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM RE; RURAL ESTATES TO C-3; AUTOMOTIVE, COMMERCIAL AND RECREATION AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”
Motion carried 6-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2421 duly passed and adopted.

AGENDA ITEM NO. 8: Public hearing and consider an ordinance rezoning property located at 1100 E. Wayne from R-3; Multi Family to C-3; Automotive, Commercial and Recreation.
(Applicant: Roy Reece) Case #P24-09
(Deferred by Planning Commission at the December 2 meeting)

The Planning Commission has deferred this until January 6, 2010. Therefore, Commissioner Harrod made a motion to defer until the January 19th City Commission meeting and Commissioner Collier seconded. Motion carried 6-0.

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

AGENDA ITEM NO. 9: Consider approval of preliminary and final plats for Timbers East located south of MacArthur and west of North Leo Streets.
(Applicant: Legacy Engineering)
Case #S07-09

The Timbers was approved by the City Commission in 1993 and in 2007 portions of the original plat were mistakenly vacated. The applicant is requesting preliminary and final plat approval for 73 residential lots previously vacated. Therefore, this platting action is essentially a formality which reestablishes the lots that previously existed. Staff recommends approval of the proposed Timbers East Addition Preliminary and Final Plats as submitted by the applicant.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to approve preliminary and final plats for Timbers East located south of MacArthur and west of North Leo Streets.
Motion carried 6-0.

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

AGENDA ITEM NO. 10: Consider a resolution declaring certain personal property held by the Shawnee Police Department surplus and donating said property to the Oklahoma Baptist University Police Department.

Resolution No. 6380 was introduced and read aloud.

RESOLUTION NO. 6380 ENTITLED “A RESOLUTION DECLARING A CERTAIN ITEM OF PERSONAL PROPERTY SURPLUS AND NO LONGER NEEDED FOR CITY PURPOSES; DESCRIBING SAID ITEM; AND AUTHORIZING THE DONATION OF SAID ITEM TO THE OKLAHOMA BAPTIST UNIVERSITY POLICE DEPARTMENT.”

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer that Resolution No. 6380 be approved. Motion carried 6-0.

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

AGENDA ITEM NO. 11: Discussion of final tour of city facilities and setting date for tour.

City Manager Brian McDougal requested that Commissioners compare schedules so that a date could be set for touring Shawnee Police and Fire facilities. It was the consensus of the Commissioners to schedule the tour on January 14, 2010 beginning at1:00 p.m.

AGENDA ITEM NO. 12: Consider cancellation of December 21, 2009, regular scheduled Board of City Commissioners, Shawnee Municipal Authority and Shawnee Airport Authority meetings.

A motion was made by Commissioner Sims, seconded by Commissioner Holt, to cancel the December 21, 2009 regular scheduled Board of City Commissioners, Shawnee Municipal Authority and Shawnee Airport Authority. Motion carried 6-0.

AYE: Sims, Holt, Harrod, Peterson, Collier, Winterringer
NAY: None
AGENDA ITEM NO. 13: Consider Bids:

a. City Hall Emergency Generator Replacement (Award)

It was noted by Don Lynch, Emergency Management Director, that the two lowest bids received did not include the cost for Oklahoma Natural Gas to rebuild the natural gas meter setting to accommodate the generator demand. Therefore, the lowest and best bid which met specifications was Harrod Electric in the amount of $47,672.00.
Commissioner James Harrod stated that he no longer has any affiliation with Harrod Electric, which was sold to Mr. Patrick Marsh in 2008.
A motion was made by Commissioner Winterringer, seconded by Commissioner Collier, to award the City Hall Emergency Generator Replacement bid to Harrod Electric, Shawnee, OK, in the amount of $47,672.00 as the lowest and best bid received. Motion carried 5-0-1.

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

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

Interim Finance Director Stephen Nolen updated Commissioners regarding staffs’ recent budget meeting. Mr. Nolen stated that department heads met recently to review their maintenance and operations budgets and discuss where potential cuts could be made. Staff has identified approximately $500,000 of savings. Budgeted capital projects can also be prioritized or postponed if warranted.
City Manager Brian McDougal informed the Commission that no cuts have been ordered at this time and the processing of budget amendments regarding those cuts is premature. He further stated that staff would meet again after this month’s sales tax report comes in to determine future action.

Police Chief Russell Frantz informed Commissioners that he was looking into a potential savings in jail costs. Chief Frantz has been examining the costs involved with purchasing equipment that would allow officers to take mug shots and finger print suspects. They would then be released from custody with a promise to appear. This would negate the need to take the suspects to the Pottawatomie County Safety Center for processing and would save on expenses to the City. This method would be used for crimes such as shoplifting and driving under suspension and would not be used in felony arrests.

Utility Director Jim Bierd stated that all paperwork needed for the replacement of the water line has been turned in to DEQ. He further reported that crews were replacing the altitude valve on the water tower at Park and Federal streets.

Assistant Airport Manager Rex Hennen reported that Air Flite, Inc. would like to lease the Jet Works hangar. On December 16, 2009 the Airport Advisory Board will consider a proposed lease to Air Flite, Inc. and will have a recommendation to the City Commission in January.

Community Development Director Justin Erickson spoke regarding the status of the Regional Park. He stated that the committee would be interviewing firms this week and would choose one to develop a Master Regional Park Plan. Once selected, he expects the firm to take 90 days to complete the plan. Commissioners Harrod, Holt and Sims are members of the committee that will conduct the interviews. A contract with the selected firm will be presented for commission consideration in January, 2010.

City Engineer John Krywicki reported on the status of the right-of-way acquisition of Kickapoo Street property. He stated that at this time there are 17 parcels of property that have been referred to city attorney John Canavan to secure rights-of-way. Mr. Canavan can continue to pursue settlement offers with property owners or can begin the legal process of condemnation.
Mr. Krywicki also reported on the Airport Trails Project. Right-of-way was donated by St. Gregory’s University and Oklahoma Department of Transportation has approved. He stated that bids would be let after the first of the year.

AGENDA ITEM NO. 16: Consider an Executive Session to discuss City Manager’s evaluation pursuant to 25 O. S. §307 (B) (1) on advice of counsel.
A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to enter into Executive Session to discuss City Manager’s evaluation pursuant to 25 O. S. §307 (B) (1) on advice of counsel. Motion carried 6-0.

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

CITY COMMISSIONERS NOW ENTER INTO EXECUTIVE SESSION AT 7:35 P.M. WITH ALL COMMISSIONERS PRESENT

CITY COMMISSIONERS RECONVENED IN REGULAR SESSION AT 9:35 P.M. WITH ALL COMMISSIONERS PRESENT

AGENDA ITEM NO. 17: Consider matters discussed in Executive Session regarding City Manager’s evaluation pursuant to 25 O. S. §307 (B) (1) on advice of counsel.

Mayor Peterson stated that matters discussed in Executive Session included the progress the City Manager Brian McDougal has made. She stated that the Commissions’ list of items they wished to see progress when Mr. McDougal was hired was the issue of water and water infrastructure. This has been addressed by the City Manager and staff. Also included on the list was the Regional Park, which is moving forward. Commissioners would also like to see decisions made regarding the city staff’s organizational chart, but the economy has not allowed that to occur. She further reported that she feels that the short term fiscal management of the budget is going well. She noted Mr. McDougal has empowered city staff to run their own departments, while staying informed on issues effecting the various city departments.
Commissioner Holt stated he had received good feedback from citizens on the job being done by Mr. McDougal.
Commissioners Sims and Winterringer both concurred that Mr. McDougal is doing a good job.

AGENDA ITEM NO. 18: Commissioners Comments

Commissioner Sims thanked the volunteers who are pulling together to provide City of Shawnee employees with a Christmas Party. The part will be held on December 14th at the Expo Center. He stated that all donations could be made through the City Manager’s office.

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 6-0. (9:43 p.m.)

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

LINDA PETERSON,
MAYOR




(SEAL)

ATTEST:

PHYLLIS LOFTIS,
CITY CLERK



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