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Date: 11/15/2010Board: City CommissionDocumentType: MinutesWeb Posted: 12/7/2010 10:37:00 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
NOVEMBER 15, 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, November 15, 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

Absent Billy Collier
Commissioner Ward 3 Commissioner Ward 4

John Winterringer Carl Holt
Commissioner Ward 5 Commissioner Ward 6

ABSENT: Commissioner Harrod

INVOCATION REV. DAVID HENRY
CALVARY BAPTIST CHURCH

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Minutes from the November 1, 2010 meeting.

A motion was made by Commissioner Holt, seconded by Vice Mayor Sims, to approve minutes from the November 1, 2010 meeting. Motion carried 4-0-2

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

COMMISSIONER HARROD ARRIVES AT 6:36 P.M.


AGENDA ITEM NO. 2: Consider Resolution of Appreciation to Carl Holt, Commissioner Ward 6.

Resolution No. 6395 was introduced and the title read aloud.

RESOLUTION NO 6395. ENTITLED “A RESOLUTION EXPRESSING APPRECIATION FOR THE OUTSTANDING SERVICE OF CARL HOLT AS COMMISSIONER OF WARD SIX OF THE CITY OF SHAWNEE, OKLAHOMA; PROVIDING THAT SAID RESOLUTION BE SPREAD UPON THE OFFICIAL RECORDS OF THE CITY OF SHAWNEE, OKLAHOMA; AND PROVIDING THAT A COPY HEREOF BE PRESENTED TO THE SAID CARL HOLT.


A motion was made by Commissioner Collier, seconded by Vice Mayor Sims, that the Title and Resolution No. 6395 be approved. Motion carried 7-0.

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

Thereupon Mayor Peterson declared Resolution No. 6395 duly passed and adopted.

Mayor Peterson presented the resolution and a plaque of appreciation on behalf of the City Commission and the citizens of Shawnee to Commissioner Carl Holt. Commissioner Holt was present to accept and thanked city staff, fellow Commissioners and the citizens of Shawnee for their support.


AGENDA ITEM NO. 3: Swearing in of Commissioners by Municipal Judge Robert H. Jones and presentation of Certificates of Election.

Municipal Judge Robert H. Jones conducted a swearing-in ceremony and administered Oaths of Office to the following individuals: Pamela Snider Stephens, Commissioner Ward 1; John Winterringer, Commissioner Ward 5; and Steven C. Smith, Commissioner Ward 6.

CITY COMMISSION NOW RECESSED AT 6:45 P.M. FOR A RECEPTION HONORING THE OUTGOING AND INCOMING COMMISSIONERS

CITY COMMISSION NOW RECONVENED AT 7:00 P.M. WITH ALL CITY COMMISSIONERS PRESENT

AGENDA ITEM NO. 4: Consider approval of Agenda

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

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

AGENDA ITEM NO. 5: Consider approval of Consent Agenda:

a. Budget Amendment to Capital Fund 301 to adjust capital improvement budget for Federal money that was posted to the General fund.

b. Budget Amendment to General Fund to adjust budget for Federal and State grant money.

c. Acknowledge the following minutes and reports:
• Planning Commission minutes from October 6, 2010
• Project Payment Report for October 2010
• License Payment Report for October 2010

d. Acknowledge Mayor’s appointment and re-appointments to the following boards:
Traffic Commission
Appointment:
Ron Duffell 1st partial term to expire 01-01-2013
Re-appointment:
Deena Harris 2nd full term to expire 01-01-2014
Theresa Cody 2nd full term to expire 01-01-2014
Delbert Totty 1st full term to expire 01-01-2014

Convention and Visitor Bureau
Re-appointment:
Brad Peltier 2nd term to expire 12-31-2013

e. Approve application for normal retirement for Barbara Degman from the Oklahoma Municipal Retirement Fund.

It was noted that the appointment to the Traffic Commission is Ron Duffell, not Ken Duffell, as shown on the published agenda.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Sims, to approve the Consent Agenda (Items a – e) as presented, with one change noted. Motion carried 7-0.

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

AGENDA ITEM NO. 6: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)

Mr. Greg McQuerry spoke regarding the $100.00 impound fee charged by the City. He felt this amount was too excessive and asked the Commission to lower the fee.

Mr. Scott Lovett spoke regarding the rezoning Commissioners will be considering that will allow a Dollar General Store to be located at State Highway 102 and Lake Road. Mr. Lovett was opposed to this rezoning. Mayor Peterson noted that the rezoning item is a public hearing and all those present wishing to speak regarding this item could speak at that time if they wished.

Mr. George Wise, Shawnee Trap Club, explained that the article regarding the trap club in the Shawnee News Star contained an error. He stated that anyone with an address and $20.00 could become a member of the Shawnee Trap Club; it was not an exclusive group.

AGENDA ITEM NO. 7: City Manager Presentation of Oklahoma Municipal League certificates to employees with 25 or more years of service with the City of Shawnee.

City Manager Brian McDougal presented a certificate to the following employees with 25 or more years of service.

• John (Rocky) Kernell, Pre-Treament Technician, South Side Treatment Plant
• Diane Smith, Payroll Officer, Finance
• Karen Drain, Secretary, Code Enforcement
• Mike Adams, Lieutenant, Fire Department
• Mark Wallace, Captain, Fire Department
• Greg Gibson, Sergeant, Police Department
• Roy Gribble, Lieutenant, Police Department
• Tom Pringle, Lieutenant, Police Department

Karen Drain, Diane Smith and Greg Gibson were present to accept their certificates.


AGENDA ITEM NO. 8: Public hearing and consider approval to rezone property located at 33991 Lake Road from A-1: Agricultural to C-3;Automotive, Commercial and Recreation. (Applicant: GBT Realty Corporation) Case #P10-10

Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property at 33991 Lake Road.
Community Development Director Justin Erickson gave the staff report. He noted that this rezoning request complies with the City’s long-range comprehensive plan. He further noted that it is staff’s recommendation to approve the request and that it was approved by the Planning Commission

Mayor Peterson asked if any person wished to speak in favor of or in protest of the rezoning.

Those speaking in opposition to the rezoning were:

Ms. Karen Griffin, owner of Sunny Beaches convenience store, Scott Lovett, _______ Spangler, Cindy Graham and Loren Nowlin spoke in opposition to the rezoning. Increased noise and traffic were mentioned as concerns, as well as the effect it would have on the existing convenience store.
Mike Hunkler, representing GBT Realty Corp., informed the Commission that he expected Dollar General to employ 10 – 12 full time employees.
No other parties spoke to this agenda item and the public hearing was closed.
Commissioner Harrod noted that this was a difficult decision in light of the City’s need to increase revenue and retail sales. Mayor Peterson noted that free enterprise would not allow the Commission to make a rezoning decision based upon its effects to other businesses.
A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer to approve the rezoning of this property from A-1; Agricultural to C-3; Automotive, Commercial and Recreation.

Ordinance No. 2446NS was introduced and the title read aloud.

ORDINANCE NO. 2446NS 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: A TRACT OF LAND DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF SECTION TWENTY-THREE (23), TOWNSHIP TEN (10) NORTH, RANGE TWO (2) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE S00º28'07"E ALONG THE EAST LINE OF THE NORTHEAST QUARTER (NE/4) OF SAID SECTION A DISTANCE OF 200.00 FEET; THENCE S89º27'16"W A DISTANCE OF 300.00 FEET; THENCE N00º28'07"W A DISTANCE OF 200.00 FEET TO THE NORTH LINE OF THE NORTHEAST QUARTER (NE/4); THENCE N89º27'16"E ALONG SAID NORTH LINE A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING, ACCORDING TO THE RECORDED PLAT THEREOF REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO C-3: AUTOMOTIVE, COMMERCIAL AND RECREATION AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

Motion carried 5-2.

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

Thereupon Mayor Peterson declared Ordinance No. 2446 duly passed and adopted.


AGENDA ITEM NO. 9: Presentation regarding sales tax rebate/incentive by Warren Thomas.

Developer Warren Thomas stated that he was appearing on behalf of Chick-fil-A who is making a request of the City for infrastructure improvements. Mr. Thomas’s firm has a letter of agreement executed with Chick-fil-A seeking to locate a restaurant in Shawnee, specifically on property located between Sonic and Popeyes Chicken on Kickapoo Street. He stated that he is not making a proposal for a sales tax rebate, but is requesting the City provide infrastructure improvements to the proposed site in the amount of $343,051.70. Requested improvements include culverts, drainage work and constructing a drive connecting Chick-fil-A to the outlet road between Staples and Lowes. Mr. Thomas provided Commissioners with a document entitled “Economic Development Considerations”, which outlines the costs vs. benefits of any economic development project. The document also addresses sales tax rebates, stating that they should be used “much like TIF in requiring projects to meet specific, and objective qualifying criteria which have ascertainable and quantifiable benefits and results”.
In speaking directly of Chick-fil-A, Mr. Thomas noted that they are the largest privately owned restaurant chain in America with $4 billion in annual revenues. He closed his presentation by stating that an answer was needed regarding this request by November 28, 2010.

AGENDA ITEM NO. 10: Discussion and consideration of lease agreement with Shawnee Twin Lakes Trap Club Inc. LLC. Deferred from October 18 and November 1,2010

Commissioner Collier had questions regarding the Shawnee Twin Lakes Trap Club which were addressed by Mr. George Wise. Commissioner Collier’s questions related to the number of persons using the facilities. Mr. Wise stated that 5 people were there last Saturday, but during club shoots and derbies as many as 27 people have attended. Mr. Wise further stated that 5 people at a time can safely shoot and it is limited to shotgun shooting only.
Commissioner Collier made a motion, seconded by Commissioner Harrod, to approve the contract with the Shawnee Twin Lakes Trap Club Inc., LLC. Motion carried 7-0.

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

AGENDA ITEM NO. 11: Consider an agreement between the City of Shawnee and Oklahoma Department of Transportation regarding the Kickapoo widening/paving project.

City Manager Brian McDougal stated that he has not yet received the agreement from ODOT and asked that this item be deferred to the next meeting. A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to defer this item until the December 6, 2010 meeting. Motion carried 7-0.

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

AGENDA ITEM NO. 12: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Defined contribution plan for Gaila Hatler.

A motion was made by Commissioner Stephens, seconded by Commissioner Collier to approve the OMRF lump sum payment from Defined Benefit Plan and refund of contributions from the Defined Contribution Plan for Gaila Hatler. Motion carried 7-0.

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


AGENDA ITEM NO. 13: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Defined contribution plan for Elaine Maston.

A motion was made by Commissioner Collier, seconded by Commissioner Stephens to approve the OMRF lump sum payment from Defined Benefit Plan and refund of contributions from the Defined Contribution Plan for Elaine Maston. Motion carried 7-0.

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


AGENDA ITEM NO. 14: Consider a resolution declaring certain city property surplus and donating this surplus property to Oklahoma Baptist University Police Department, Tecumseh Oklahoma Police Department, Snyder Oklahoma Police Department, and Pottawatomie County Sheriff’s office.

Police Chief Russ Frantz is requesting that four police vehicles be declared surplus and donated to other police agencies. Chief Frantz stated that the Shawnee Police Department’s current fleet is in good shape with most police units still under warranty. City Attorney John Canavan noted that the agencies receiving vehicles from Shawnee, must offer the vehicles back to Shawnee when they are no longer using them. A motion was made by Commissioner Harrod, seconded by Vice Mayor Sims, to approve Resolution No. 6396 declaring certain vehicle surplus and allowing their donation to other police agencies.

Resolution No. 6396 was introduced and the title read aloud.

RESOLUTION NO. 6396 ENTITLED: “A RESOLUTION DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY SURPLUS AND NO LONGER NEEDED FOR CITY PURPOSES; DESCRIBING SAID ITEMS; AND AUTHORIZING THE DONATION OF SAID ITEMS TO OKLAHOMA BAPTIST UNIVERSITY POLICE DEPARTMENT, SNYDER, OKLAHOMA POLICE DEPARTMENT, TECUMSEH OKLAHOMA POLICE DEPARTMENT AND THE POTTAWATOMIE COUNTY SHERIFF’S OFFICE”.

Motion carries 7-0

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

AGENDA ITEM NO. 15: Acknowledge Sales Tax Report received November 2010.

Finance Director Cindy Sementelli reported that sales tax revenues were up again this month in the amount of $104,739 or 9.26% over last year receipts. This figure is also approximately 6.21% above year to date budget projections.

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

City Manager Brian McDougal informed the Commission that he is currently participating in a focus group studying municipal finance topics and sales tax. Later this week he will be attending the International Conference of Shopping Centers in Grapevine, Texas.

AGENDA ITEM NO. 18: Commissioners Comments

Commissioner Winterringer announced the Christmas Parade, Thursday, December 2nd and urged everyone to attend.
Commissioner Harrod noted that the Veterans’ Memorial looks really nice. He also questioned City Engineer John Krywicki whether Buoy Brothers Construction had met the needed requirements to begin work on the metal building at Public Works. Mr. Krywicki answered in the affirmative.
Mayor Peterson stressed the importance of a Comprehensive Plan to rely on when difficult zoning decisions need to be made.

AGENDA ITEM NO. 19: Adjournment

There being no further business to be considered, a motion was made by Vice Mayor Sims, seconded by Commissioner Winterringer, that the meeting be adjourned. Motion carried 7-0. (8:30 p.m.)

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




LINDA PETERSON, MAYOR
(SEAL)

ATTEST:

PHYLLIS LOFTIS,
CITY CLERK

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