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Date: 9/7/2010Board: City CommissionDocumentType: MinutesWeb Posted: 9/23/2010 12:50:24 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
SEPTEMBER 7, 2010 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, September 7, 2010 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 Commissioner Ward 2 – Vice Mayor

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4

John Winterringer Carl Holt
Commissioner Ward 5 Commissioner Ward 6

ABSENT: None

CALL TO ORDER

DECLARATION OF A QUORUM

INVOCATION Don Lynch
Emergency Management Director

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda:

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

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

AGENDA ITEM NO. 2: Consider approval of Consent Agenda

a. Minutes from the August 12, 2010 special call meeting and the August 16, 2010 regular meeting.

b. Budget amendment Shawnee Municipal Authority
To purchase ½ ton pickup for Utility Administration

c. Acknowledge the following minutes:

• Shawnee Civic and Cultural Development Authority minutes from May 20, 2010, June 17, 2010 and July 15, 2010
• Shawnee Planning Commission minutes from August 4, 2010

d. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Ron Sigler.

e. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Larry David Marker.

f. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Kyle Snyder.

g. Approve renewal of agreement with Shaugnessy Group, L.L.C. for video production services.

h. Authorize staff to advertise for bids for the chlorination/dechlorination equipment for the Northside Wastewater Treatment Plant.

i. Authorize staff to advertise for bids on the recoating and installation of new bearings for one set of screw pumps at the Northside Wastewater Treatment Plant.

j. Authorize staff to purchase a 2011 Chevrolet 1 Ton Cab and Chassis for Water Distribution at the state contract price of $22,916.40 and a 2011 Chevrolet ½ Ton 4 door pickup at the state contract price of $25,853.56. Both vehicles from Harvey’s Inc. (SMA)

k. Authorize staff to purchase a 2011 Chevrolet Silverado 2500 4WD Crew Cab truck from Harvey’s Inc. to match the state bid price of $25,599.00 (Fire Department).

l. Authorize staff to purchase a 2011 Chevrolet 4x4 pickup at state bid price of $23,886.41. (Police Department – Animal Control)

m. Authorize staff to apply for sub-grant of Emergency Management Performance Grant funds from the Oklahoma Department of Emergency Management.

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to approve the Consent Agenda. Motion carried 7-0.

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

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

The was no Citizens Participation

AGENDA ITEM NO. 4: Mayor’s Proclaminations

“Constitution Week” September 17-23, 2010
Presented by Commissioner Holt
(Accepted by Patty Hillhouse)

“National Preparedness Month” September 2010
Presented by Mayor Peterson
(Accepted by Don Lynch, Emergency Management Director)


AGENDA ITEM NO. 5: Presentation by City Manager to Geoff Garner, Parks Department, as Employee of the Month.

City Manager Brian McDougal presented a plaque and certificate to Geoff Garner, Parks Department, as Employee of the Month for September in recognition of service and dedication to the City of Shawnee.
Mr. Garner was present to accept.

AGENDA ITEM NO. 6: Public hearing and consider an ordinance relating to sanitation and lot rental at Shawnee Twin Lakes.

Mayor Peterson declared a public hearing in session to consider an ordinance relating to to sanitation and lot rental at Shawnee Twin Lakes. Community Development Director Justin Erickson gave the staff report and a brief history of the lake development. A Lake Committee was established in February, 2010 and met seven times. It is the recommendation of the Lake Committee that lease rates be increased to $600.00 per year beginning November 1, 2010, with a 2% increase per year. Additionally, it was recommended that lease terms be extended to thirty (30) years.

No one appeared and the public hearing was closed.

A motion was made by Commissioner Harrod, seconded by Commissioner Stephens, to approve Ordinance No. 2441NS.

Ordinance No. 2441NS was introduced and read aloud.

ORDINANCE NO. 2441NS

AN ORDINANCE RELATING TO SANITATION AND LOT RENTALS AT TWIN LAKES AMENDING THE SHAWNEE MUNICIPAL CODE, ARTICLE II, DIVISION 2, SECTION 16-59, AND DIVISION 9, SECTIONS 16-321, 16-322, 16-323, 16-324, 16-325, 16-326, 16-327 AND 16-328 AS MORE SPECIFICALLY SET FORTH HEREIN; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES ON CONFLICT HEREWITH; PROVIDING FOR EFFECTI DATE AND PROVIDING FOR SEVERABILITY.

Motion carried 6-0-1.

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

Thereupon Mayor Peterson declared Ordinance No. 2441NS duly passed and adopted.

AGENDA ITEM NO 7: Public hearing and consider an ordinance relating to establishing a Lake Protection Overlay Zone for the Shawnee TwinLakes area.

Mayor Peterson declared a public hearing in session to consider an ordinance relating to establishing a Lake Protection Overlay Zone for the Shawnee Twin Lakes area. Mr. Erickson reported that the purpose of the Lake Protection Zone is to protect public health, safety and welfare and to ensure orderly development along and near Shawnee Lake No. 1. A special zoning district is necessary to ensure environmental protection for the the municipal water source for the City of Shawnee. The effective date of this ordinance will be November 1, 2010.
Mr. Wolf Gugler spoke to compliment the Lake Committee and their abilities to work through their differences to come to a mutal agreement

No others appeared and the public hearing was closed.

A motion was made by Commissioner Harrod, seconded by Commissioner Stephens, to approve Ordinance No 2442NS.

Ordinance No. 2442NS was introduced and read aloud.

ORDINANCE NO. 2442NS

AN ORDINANCE ESTABLISHING A LAKE PROTECTION OVERLAY ZONE FOR THE SHAWNEE TWIN LAKES AREA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH PROVIDING FOR EFFECTIVE DATE AND PROVIDING FOR SEVERABILITY

Motion carried 7-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2442NS duly passed and adopted.

AGENDA ITEM NO. 8 Public hearing and consider an ordinance rezoning property from I-1; Restricted Light Industry to C-4P; Central Business with a Conditional Used Permit to allow for the sale of beer for off premise consumption for property located at 504 West Main. Case #P08-10 (Applicant: Minh Dang)

Mayor Peterson declared a public hearing in session to consider an ordinance rezoning property from I-1; Restricted Light Industry to C-4P; Central Business with a Conditional Used Permit to allow for the sale of beer for off premise consumption for property located at 504 West Main.
Mr. Erickson gave the staff report and verified that this request was a rezoning combined with a Conditional Use Permit. No others appeared in favor or in protest of this zoning request and the public hearing was closed.
A motion was made by Commissioner Harrod, seconded by
Vice Mayor Sims, to approve Ordinance No. 2443NS.

Ordinance No. 2443NS was introduced and read aloud.

ORDINANCE NO. 2443NS

AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF TE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, TO-WIT: LOTS NINETEEN (19) AND TWENTY (20), BLOCK EIGHT (8), FAIRGROUNDS ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM I-1; RESTRICTED LIGHT INDUSTRIAL TO C-4P; CENTRAL BUSINESS DISTRICT WITH A CONDITIONAL USE PERMIT, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 7-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2443NS duly passed and adopted.

AGENDA ITEM NO. 9: Public hearing and consider an ordinance rezoning property from R-1; Single Family Residential to R-3; Multi-Family Dwelling for property located at 2428 Ellis Drive. Case #P09-10 (Applicant: Greg Brown)


Mayor Peterson declared a public hearing in session to consider an ordinance rezoning property from R-1; Single Family Residential to R-3; Multi-Family Dwelling for property located at 2428 Ellis Drive.
No one appeared in favor or in protest of the requested rezoning and the public hearing was closed.

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to approve Ordinance No. 2444NS.

Ordinance No. 2444NS was introduced and read aloud.

ORDINANCE NO. 2444NS

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 NORTH 142.00 FEET OF LOT ONE (1) AND THE NORTH 150.00 FEET OF LOT TWO (2), BLOCK THREE(3), GOLDEN ACRES ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF REZONING SAID PROPERTY FROM R1-; SINGLE FAMILY RESIDENTIAL TO R-3; MULTI-FAMILY RESIDENTIAL, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 7-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2444NS duly passed and adopted.

AGENDA ITEM NO. 10: Discussion regarding private streets (Augusta Court) within the City of Shawnee City Limits.

Several members of the Augusta Court Homeowners Association appeared at the City Commission to request that the City of Shawnee accept Augusta Court, currently a private street, as a public roadway. Mr. Frank Saladin spoke on behalf of the residents and presented their request. Previously a document containing four items outlining the reasons why this street was considered a private street, and could not be accepted as a public roadway, has been provided to the homeowners.
At the conclusion of the discussion, it was the direction of the Commission that City staff meet with residents prior to the next City Commission meeting on September 20th to discuss this issue further.

AGENDA ITEM NO. 11: Consider an agreement between the City of Shawnee and Gordon Cooper Technology Center for the use of an Aviation Gas Refueler Truck by Shawnee Regional Airport.

Assistant Airport Manager, Rex Hennen, was present and explained the purpose of this agreement.
A motion was made by Commissioner Harrod, seconded by Commissioner Holt to approve the Agreement with Gordon Cooper Technology Center for the use of an Aviation Gas Refueler Truck by Shawnee Regional Airport.
Motion carried. 7-0

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

AGENDA ITEM NO. 12: Consider a resolution authorizing the of a grant application to the Oklahoma Department of Transportation for transportation enhancement funding for Phase 2 of the Downtown Streetscape Project and authorizing local participation if the grant is awarded.


A motion was made by Commissioner Stephens, seconded by Commissioner Winterringer, to approve Resolution No. 6392.

Resolution No. 6392 was then introduced and read into the record
A RESOLUTION 6392

A RESOLUTION OF THE MAYOR AND CITY COMMISSION AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR TRANSPORTATION ENHANCEMENT FUNDING FOR PHASE 2 OF THE DOWNTOWN STREETSCAPE PROJECT AND AUTHORIZING LOCAL PARTICIPATION IF THE GRAND IS AWARDED.

Motion carried 7-0.

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

AGENDA ITEM NO. 13: Consideration of an ordinance requiring permits for alarm systems to be operated in the City of Shawnee and establishing the requirements for said permits and penalties for violations of alarm system requirements.
Deferred from August 16 meeting

Police Chief Russell Frantz answered questions from Commissioners regarding this ordinance. Chief Frantz stated that this ordinance would effect only habitual offenders and not the occasional false alarm. The ordinance will become effective on January 1, 2011 for commercial establishments and July 1, 2011 for residential. This ordinance establishes a $25.00 fine, plus costs, for a first offense and $100.00 fine, plus costs, for subsequent offenses. Vice Mayor Sims questioned whether the Planning Department had adequate staff to handle the additional work involved with permitting alarm owners. Community Development Director Justin Erickson responded that he believed current staff would be able to. It was also noted that future plans included an on-line application process.

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, that Ordinance No. 2445NS


Ordinance No. 2445NS was introduced and read aloud.

ORDINANCE NO. 2445NS

AN ORDINANCE RELATING TO ALARM SYSTEMS IN THE CITY OF SHAWNEE; CREATING NEW SECTIONS OF LAW TO BE CODIFIED AS SECTIONS 8-32, 8-33, 8-34, 8-35, 8-36, 8-37, 8-38, 8-39, 8-40 AND 8-41, ARTICLE II, CHAPTER 8 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; REQUIRING PERMITS FOR OPERATING ALARM SYSTEMS; ESTABLISHING THE REQUIREMENTS FOR OBTAINING THE PERMIT; PROVIDING PENALTY AND EXCEPTIONS TO PENALTY FOR FALSE ALARMS; ROVIDING FOR REVOCATION AND SUSPENSION OF PERMITS; ESTABLISHING THE APPEAL PROCESS AND CONFIDENTIALITY OF RECORDS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR EFFECTIVE DATE AND PROVIDING FOR SEVERABILITY.

Motion carried. 5-2

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


Thereupon, Mayor Peterson declared Ordinance No. 2445NS duly passed and adopted.

AGENDA ITEM NO. 14: Discussion regarding Commission work session and capital projects.

After a lengthy discussion, it was the concensus of the Commission a Special Call meeting would be held on September 23, 2010 at 1:00 to discuss capital projects and priorities. It was the direction of the Commission that staff prepare a list of future projects prioritized in order of need. This list should be provided to the Commissioners by Friday, September 17, 2010. The place of the Special Call meeting was not determined and the City Manager was directed to find a location for the meeting. The date and location will be confirmed on the September 20th City Commission agenda.

AGENDA ITEM NO. 15; Consider Bids:

a. Sanitary Sewer Rehab Project (Various Locations) Contract No. COS-SMA-11-01 (Award)

Utility Director Jim Bierd asked that the bid for Sanitary Sewer Rehab Project, COS-SMA-11-01 be awarded to Jordan Contractors, Inc. as the lowest and best bid.
A motion was made by Vice Mayor Sims, seconded by Commissioner, Winterringer, to award the bid for the Sanitary Sewer Rehab Project (Various Locations) COS-SMA-11-01 to Jordan Contractors, Inc.

Motion carried 7-0

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

AGENDA ITEM NO. 16: 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. 17: Administrative Reports


Assistant Airport Manager Rex Hennen informed the Commission of some recent vandalism at Shawnee Regional Airport. Twenty-four runway lights were broken over the weekend. Mr. Hennen reported that the airport has the materials needed to repair the damage.

City Clerk Phyllis Loftis reported on some recent improvements to the Customer Service/Utility Billing Department. Two new meter readers were hired, one to fill an open position, and the other in a newly created position to help with the over-abundance of work. This brings the total number of meter readers to four, plus one meter servicer. Further, one of the meter readers was promoted to a supervisory position to help streamline the meter reading process. In the Customer Service Department a temporary employee was hired full-time.
Additionally, it was noted that the City is currently looking for collection methods for out-standing water bills, It was noted that the ten year revenue report shows that the City has collected all but 0.72% of water/sewer revenue billed.
AGENDA ITEM NO. 18: Commissioners Comments

Commissioner Winterringer announced that the Municipal Pool would hold a “Dog Swim Day” on September 11th, and encouraged dog owners to bring their pets to the pool. Up-to-date shot records must be provided
Commissioner Winterringer congratulated St. Gregory’s University, noting that the enrollment for the current year is up 31%.
Commissioner Winterringer stated that he is still working on scheduling a Ward V clean-up day.

Commissioner Holt announced the Santa Fe Depot Homecoming on Saturday, September 25th.
Commissioner Holt further announced that Saturday, September 11th, is Patriot Day, and urged citizens to fly the American Flag.

Vice Mayor Sims commended Justin Erickson for his assistance and effort with the Lake Committee.

Commissioner Harrod had questions regarding the City’s retirement plan and whether newly hired employees start paying into the plan on the date of hire. Interim Human Resource director Tammy Johnson responded to the question in the affirmative. Commissioner Harrod suggested that probationary employees not be enrolled in the retirement plan for 90 days after they are hired.




AGENDA ITEM NO. 19: Consideration and possible action to enter into Executive Session to discuss the purchase of real property for public safety purposes; pursuant to 25 O.S. §§307(B)(3).

A motion was made by Commissioner Winterringer, seconded by Commissioner Harrod, to enter into Executive Session.

Motion carried 7-0

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

COMMISSIONERS ENTER INTO EXECUTIVE SESSION AT 8:22 P.M.

COMMISSIONERS RETURN FROM EXECUTIVE SESSION AT 8:42 P.M. WITH ALL COMMISSIONERS PRESENT.

AGENDA ITEM NO. 20: Consideration and possible action on matters discussed in Executive Session regarding the purchase of real property for public safety purposes; pursuant to 25 O.S. §§307(B)(3).
No action taken.

AGENDA ITEM NO. 21 : Adjournment

There being no further business before the Commission, a motion was made by Vice Mayor Sims, seconded by Commissioner Commissioner Winterring to adjourn. Motion carried7-0. (8:42 p.m.)

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


_____________________________
Linda Peterson, Mayor

Attest:

________________________
Phyllis Loftis, City Clerk

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