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Date: 3/7/2011Board: City CommissionDocumentType: MinutesWeb Posted: 5/13/2011 1:53:39 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
MARCH 7, 2011 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, March 7, 2011 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 Absent
Commissioner Ward 1 Commissioner Ward 2-Vice Mayor

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4

John Winterringer Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: Commissioner Pam Stephens and Vice Mayor Frank Sims
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 Winterringer, to approve the Agenda. Motion carried 5-0.

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

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

a. Minutes from the February 22, 2011 meeting

b. Acknowledge the following minutes and reports:
Planning Commission minutes from December 1, 2010 and January 5, 2011

c. Acknowledge Mayors Appointment:
Traffic Commission
Leonard W. (Bill) Johnson 1st Full Term to expire January 1, 2014

d. Acknowledge letter of resignation from Robert Cash from the Beautification Committee.

e. Acknowledge receipt of application for Beautification Committee by Carl Holt

f. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Lori Bowlan Roach.

g. Authorize staff to accept bids for construction of a Brush Pumper on a recently purchased cab and chassis.

h. Authorize staff to submit application for grants through the Department of Wildlife Boating Access Program to assist in funding additional boat docks at Shawnee Twin Lakes #1 and #2.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to approve the Agenda Items a - h. Motion carried 5-0.

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

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

Bill Johnson introduced himself to the Commission and thanked the Commission for being appointed to the Traffic Commission.

AGENDA ITEM NO. 4: City Managers presentation to Employees of the Month, Pam Billus, Police Dispatch Supervisor and Kelly Bradshaw, Police Dispatcher.

City Manager Brian McDougal explained to the Commission that both of the dispatchers work the third shift and could not be present to accept this award. He further related that they were being recognized for their skill and expertise in dealing with a suicidal individual.

AGENDA ITEM NO. 5: Public hearing and consideration of an ordinance to rezone property from A-1; Agricultural to C-3; Automotive, Commercial & Recreation for property located at 33991 Lake Rd. Case #P03-11 Applicant: GBT Realty Corporation. Deferred from February 7, 2011

Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property from A-1; Agricultural to C-3; Automotive, Commercial & Recreation for property located at 33991 Lake Rd.

Mayor Peterson asked if any person wished to speak in favor of or in protest of the rezoning. Mr. Gary Walker on behalf of GBT Realty, Inc. spoke in favor of the rezoning. No one came before the Commission to speak in protest.

It is noted that the Planning Commission unanimously recommended the requested rezoning.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier to approve the rezoning of this property from A-1; Agricultural to C-3; Automotive, Commercial & Recreation.

Ordinance No. 2451NS was introduced and the title read aloud.

ORDINANCE NO. 2451NS 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 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 S892716W A DISTANCE 125.00 FEET; THENCE S002807E A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING; THENCE S002807E A DISTANCE OF 50.00 FEET; THENCE S892716W A DISTANCE OF 175.00 FEET; THENCE N002807W A DISTANCE OF 50.00 FEET; THENCE N892716E A DISTANCE OF 175.00 FEET TO THE POINT OF BEGINNING. REZONING SAID PROPERTY FROM A-1; AGRICULTURAL DISTRICT TO C-3; AUTOMOTIVE COMMERCIAL & RECREATION DISTRICT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 5-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2451NS duly passed and approved.

AGENDA ITEM NO. 6: Public hearing and consideration of an ordinance to rezone property from R-1; Single Family Residential to C-1; Neighborhood Commercial for property located at 935 N. Kickapoo. Case #P04-11 Applicant: Bruce Lilley. Deferred from February 7, 2011

Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property from R-1; Single Family Residential to C-1; Neighborhood Commercial for property located at 935 N. Kickapoo.

No one appeared to speak in favor or in protest of the proposed rezoning. It was noted that the Planning Commission unanimously approved the proposed rezoning.
A motion was made by Commissioner Collier, seconded by Commissioner Winterringer to approve the rezoning of this property from R-1; Single Family Residential to C-1; Neighborhood Commercial.

Ordinance No. 2452NS was introduced and the title read aloud.

ORDINANCE NO. 2452NS 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: LOTS THIRTY-EIGHT (38), THIRTY-NINE (39) AND FORTY (40), BLOCK FIVE (5), DILLS ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORD PLAT THEREOF; REZONING SAID PROPERTY FROM R-1; RESIDENTIAL TO C-1; NEIGHBORHOOD COMMERCIAL; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion Carried 5-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2452NS duly passed and approved.

AGENDA ITEM NO. 7: Public hearing and consideration of an ordinance to rezone property from A-1: Agricultural to I-2; Light Industrial with Conditional Use Permit. Case #P05-11 Applicant: Central Disposal, LLC

Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property from A-1: Agricultural to I-2; Light Industrial with Conditional Use Permit.

Mayor Peterson asked if any person wished to speak in favor of or in protest of the rezoning. Todd Adcock appeared to speak in favor of rezoning and to answer any questions.

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer to approve the rezoning of this property from A-1: Agricultural to I-2; Light Industrial with Conditional Use Permit contingent upon following conditions being met:

1. A final revised set of construction/utility/drainage plans shall be submitted by the applicant for review. Said plans shall be approved by the City Engineer prior to commencement of infrastructure work done on the site.

2. Prior to recording the final plat, the applicant shall commence with making the required and proposed improvements in accordance with construction plans approved by the City Engineer or otherwise bond the project in accordance with City Code.

3. A six-foot wide sidewalk is required along 45th Street (80.05 feet minus driveway) and shall be constructed in accordance with the Shawnee Subdivision and Sidewalk Standards.

4. A 17-foot right-of-way dedication is required along 45th Street the length of the final plat (80.05) feet.

5. The Shawnee Municipal Authority shall review and approve the final design of the transfer station and all technical aspects.

6. All other applicable City Standards apply.

Ordinance No. 2453NS was introduced and the title read aloud.

ORDINANCE NO. 2453NS 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 LOCATED IN THE SOUTHEAST QUARTER (SE/4) OF SECTION THIRTY-ONE (31), TOWNSHIP ELEVEN (11) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SE/4; THENCE S893049W ALONG THE SOUTH LINE OF SAID SE/4 A DISTANCE OF 881.55 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S893049W ALONG SAID SOUTH LINE A DISTANCE OF 80.05 FEET TO A POINT ON THE EAST LINE OF THE RAILROAD RIGHT-OF-WAY; THENCE N023201W ALONG SAID EAST LINE A DISTANCE OF 949.28 FEET; THENCE N872759E A DISTANCE OF 300.00 FEET; THENCE S023201E A DISTANCE OF 294.74 FEET; THENCE S520833W A DISTANCE OF 269.64 FEET; THENCE S023201E A DISTANCE OF 501.49 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO I-2, LIGHT INDUSTRIAL WITH A CONDITIONAL USE PERMIT AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 5-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2453NS duly passed and approved.

AGENDA ITEM NO. 8: Consideration of approval of a preliminary and final plat for Shawnee Transfer Station located at 700 E. 45th Street. Case #S01-11 and S02-11 Applicant: Central Disposal, LLC


A motion was made by Commissioner Harrod, seconded by Commissioner Collier to approve the preliminary and final plat for Shawnee Transfer Station located at 700 E. 45th Street contingent with the following conditions being met:

1. A final revised set of construction/utility/drainage plans shall be submitted by the applicant for review. Said plans shall be approved by the City Engineer prior to commencement of infrastructure work done on the site.

2. Prior to recording the final plat, the applicant shall commence with making the required and proposed improvements in accordance with construction plans approved by the City Engineer or otherwise bond the project in accordance with City Code.

3. A six-foot wide sidewalk is required along 45th Street (80.05 feet minus driveway) and shall be constructed in accordance with the Shawnee Subdivision and Sidewalk Standards.

4. A 17-foot right-of-way dedication is required along 45th Street the length of the final plat (80.05) feet.

5. The Shawnee Municipal Authority shall review and approve the final design of the transfer station and all technical aspects.

6. All other applicable City Standards apply.

Motion carried 5-0.

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

AGENDA ITEM NO. 9: Presentation regarding curbside recycling and transfer station.

Mr. Todd Adcock provided information regarding the progress being made with the transfer station. He stated that on January 18, 2011, the permit application was submitted to DEQ; this is normally a 60 day process. Cardinal Engineering has been involved in the design phase, and Westchester will be doing the construction once approval from DEQ has been received. The design currently consists of a completely enclosed building with two bays. Once completed, the facility will be able to process 100 200 tons of trash per day. Mr. Adcock anticipates groundbreaking in April or May, with 8 months of construction to complete the project.

Mr. Joe Howard spoke regarding recycling. He indicated that they would be able to accommodate the citys request regardless of which direction is taken.
Commissioner Smith stated that he would like to see costs for city-wide recycling and would encourage citizens to move forward with curbside recycling at each residence.
Mayor Peterson asked about voluntary recycling prior to mandatory city-wide recycling. Mr. Howard stated that voluntary recycling would require a certain amount of participation to make it cost effective; however, they could comply with whichever option the City chooses. Mayor Peterson stated that conversations need to continue, taking into consideration what level of service residents want and how much the community will be willing to pay for the service.
Mr. Mike Adcock then spoke regarding recycling and urged the commission and citizens to think through the costs involved with the project. To implement curb-side recycling would be very expensive and the costs may be prohibitive to some citizens. He further stated that costs associated with recycling on a voluntary basis are also expensive.

AGENDA ITEM NO. 10: Report from committee on progress regarding city attorney position and possibly setting a date for a special call meeting.

Commissioner Harrod stated that the committee had met and narrowed down the applicants to nine or ten. Then, after conducting telephone interviews, they had further narrowed the applicant field to three candidates. It was the consensus of the City Commission members present that a special called meeting should be set to interview the final three candidates. The date of Monday, March 21, 2011 at 1:00 p.m. has been designated for the Special Called Meeting.

AGENDA ITEM NO. 11: 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. 12: Administrative Reports

Police Chief Russell Frantz reported on the warrant backlog and collection progress. He stated that in addition to the City Marshal, warrants were being served by the midnight shift and the weekend day shift, when call volume allows. He is further looking into options of providing a holding facility inside City Hall, publishing names in the local papers, running the information on Channel 30 and using Blackboard Connect to collect on outstanding warrants.

Stephen Nolen, Chief Information Officer, addressed the Commission regarding the iPads that were provided to them earlier in the evening. He gave a brief outline of the information that can currently be obtained from their iPads and will meet with each Commissioner one-on-one to provide more in-depth training.

Don Lynch, Emergency Management Director, stated that the Blackboard Connect training will begin next week with the first message being sent out from Mayor Peterson on March 14th.

AGENDA ITEM NO. 13: Commissioners Comments

Mayor Peterson congratulated the Lady Wolves basketball team and wished them luck in the State Tournament.


AGENDA ITEM NO. 14: Adjournment

There being no further business to be considered, a motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, that the meeting be adjourned. Motion carried 5-0. (7:37 p.m.)

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




LINDA PETERSON, MAYOR
(SEAL)

ATTEST:


PHYLLIS LOFTIS,
CITY CLERK

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