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Date: 7/18/2011Board: City CommissionDocumentType: MinutesWeb Posted: 8/2/2011 3:30:40 PM
View Multi Media Files associated with this meeting


BOARD OF CITY COMMISSIONERS PROCEEDINGS
JULY 18, 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, July 18, 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

Pam Stephens Frank Sims
Commissioner Ward 1 Commissioner Ward 2

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4-Vice Mayor

Absent Absent
Commissioner Ward 5 Commissioner Ward 6

ABSENT: John Winterringer, Steve Smith

INVOCATION REV. LEROY KERBO
OAK PARK CHURCH OF GOD

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve the Agenda. Motion carried 5-0.

AYE: Harrod, Sims, Peterson, Collier, Stephens
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 11.

b. Minutes from the July 5, 2011 regular meeting.

c. Acknowledge the following minutes and reports:

• Planning Commission minutes from June 1, 2011
• Shawnee Urban Renewal Authority minutes from June 7, 2011

d. Budget Amendment FY 2012-2012 Fund 102 E-911

e. Budget Amendment FY 2011-2012 CDBG Entitlement Grant Fund for 2005, 2006, 2007, 2008, 2009, and 2010

f. Budget Amendment FY 2010-2011 ODOC NSP Program Fund

g. Budget Amendment FY2011-2012 HOME Rehab Program Income

h. Lake Lease Renewal

Lot 4 Skipper Tract, 16612 Archery Range Road
S. Cole and P. Hardeman

i. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Michael Rone.

j. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Patrick Burge.

k. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Philip Martin.

l. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Anthony Robbins.

m. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Lance Groves.

n. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Patrick Thomas.

o. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Brent Deaver.

p. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Shaina Salazar.

q. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Shane Withrow.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve the Consent Agenda Items a – q. Motion carried 5-0.

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

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

Local resident Gary Duree addressed the commission and provided a hand-out regarding United Nations Agenda 21 of which he is opposed. He stated that Agenda 21 provides grants and tax credits for industries to provide “green” projects, but which he feels will result in robbing all taxpaying citizens of our freedoms to choose.

AGENDA ITEM NO. 4: Mayor’s Proclamation:
“Jennay Lutomski Day”
July 18, 2011

Jennay Lutomski accepted the Mayor’s Proclamation.

AGENDA ITEM NO. 5: City Manager presentation of Employee of the Month to Derek Woody, Utility Billing Department.

Derek Woody was present to accept the Employee of the Month Certificate.

AGENDA ITEM NO. 6: Consider approval of a final plat from Primrose Addition located at the NE corner of Bryan and Bradley. Case S06-11 Applicant: Landes Engineering, LLC Deferred from June 6, 2011 meeting

Staff recommends approval of this request subject to the following two (2) conditions:

1. The City Engineer shall approve the final engineered storm water management plan prior to issuance of a building permit on the subject site.
2. All previous approval conditions set forth in the Combined Staff Report presented at the June 1, 2011 Planning Commission Meeting and approved by the Shawnee City Commission on June 6 continue to apply.

It was noted that the Planning Commission approved this item, with the stated two conditions.

A motion was made by Commissioner Harrod, seconded by Commissioner Stephens, to approve the final plat from Primrose Addition located at the NE corner of Bryan and Bradley subject to the two (2) conditions as set out above. Motion carried 5-0.

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

COMMISSIONER SMITH NOW PRESENT AT 7:45 P.M.

AGENDA ITEM NO. 7: Public hearing and consider an ordinance to rezone property located at 606 East Seymour from R-1; Single Family Residential to R-3; Mulit-Family Dwelling. Case P09-11 Applicant: Abner Monterroso

Staff requested that this item be deferred to the August 15, 2011 City Commission.

Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property located at 606 East Seymour from R-1; Single Family Residential to R-3; Mulit-Family Dwelling.

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

A motion was made by Commissioner Sims, seconded by Vice Mayor Collier, to continue the public hearing and defer the request for the rezoning of this property from R-1; Single Family Residential to R-3; Mulit-Family Dwelling until the August 15, 2011 Commission Meeting. Motion carried 6-0.

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

AGENDA ITEM NO. 8: Public hearing and consider an ordinance to rezone property located at 909 East Independence from C-1; Neighborhood Commercial to R-3; Multi-Family Dwelling. Case P10-11 Applicant: Kaye Steele Harrod

Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property located at 909 East Independence from C-1; Neighborhood Commercial to R-3; Multi-Family Dwelling.

Mayor Peterson asked if any person wished to speak in favor of or in protest of the rezoning. No one appeared and the public hearing was closed.

It is noted that the Planning Commission recommended approval of the requested zoning.

A motion was made by Commissioner Stephens, seconded by Vice Mayor Collier, to approve the rezoning of this property from C-1; Neighborhood Commercial to R-3; Multi-Family Dwelling.

Ordinance No. 2459NS was introduced and the title read aloud.

Ordinance No. 2459NS

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 EAST 211.825 FEET OF THE NORTH HALF (N/2) OF LOT (4) AND THE WEST 63.175’ OF THE NORTH HALF (N/2) OF LOT THREE (3), MCDIVITT’S ADDITION TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM C-1; NEIGHBORHOOD COMMERCIAL TO R-3; MULTI-FAMILY DWELLING AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 5-0

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

Commissioner Harrod was not present for the discussion or vote of this agenda item.

Thereupon Mayor Peterson declared Ordinance No. 2459NS duly passed and approved.

AGENDA ITEM NO. 9: Consider agreement with South Central Industries, Inc. for Right-of-Way Maintenance Services.

A motion was made by Vice Mayor Collier, seconded by Commissioner Sims, to approve the agreement with South Central Industries, Inc. for Right-of-Way Maintenance Services. Motion carried 6-0.

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

AGENDA ITEM NO. 10: Acknowledge Sales Tax report received July, 2011.

Finance Director Cindy Sementelli stated that the sales tax report received shows revenues slightly higher than last month’s reported amount.

AGENDA ITEM NO. 11: Consider Bids:

b. Rehabilitate Runway 17-35; Grade Safety and Construction Connecting Taxiway. AIP Project 3-40-0088-015-2011.- Contract No. COS-PW-11-01 (Open)

No bids received.

Assistant Airport Manager Rex Hennen stated that the FAA had requested an addendum to the original bid specifications and a postponement of the bid opening until August 1, 2011. All bidders have been informed of the addendum and the new bid opening date. Rex Hennen requested the opening be deferred to the August 1, 2011 City Commission meeting.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to defer the bid opening to the August 1, 2011 City Commission meeting. Motion carried 6-0.

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

AGENDA ITEM NO. 12: 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. 13: Administrative Reports

Utility Director Jim Bierd reported on several issues regarding water. Mr. Bierd informed that Shawnee Twin Lakes and Wes Watkins are doing well and that water rationing is not being considered at this time.
Regarding water volume, he stated that water demand has increased more than 1.7 million gallons per day over last year and that the current demand is approximately 6 million gallons per day.
There were 16 water main breaks last week and 381 hours of overtime accrued by employees in the last two weeks due to employee to repair the breaks. Since the beginning of the year, there have been 102 water main breaks, most being weather related either from extreme cold or hot temperatures. Mr. Bierd also noted that our infrastructure is old which also compounds the problem.

AGENDA ITEM NO. 14: Commissioners Comments

Commissioner Smith stated that he had been approached by citizens concerned about the water rationing issue and wondered if the City would consider urging citizens to voluntarily ration water.

Mayor Peterson thanked all staff and volunteers that worked at the Expo during the recent rodeo.
The Mayor also announced an E-waste recycling event July 30, 2011 to recycle electronic devices, televisions, computers, etc. at

AGENDA ITEM NO. 15: Consider an Executive Session to discuss City Manager’s evaluation pursuant to 25 O. S. §307 (B) (1).

A motion was made by Commissioner Stephens, seconded by Vice Mayor Collier, to enter into Executive Session to discuss City Manager’s evaluation pursuant to 25 O. S. §307 (B) (1). Motion carried 6-0.

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

COMMISSION ENTERS EXECUTIVE SESSION AT 7:05 P.M.

COMMISSION RETURNS FROM EXECUTIVE SESSION WITH ALL COMMISSIONERS PRESENT AT 7:54 P.M.

AGENDA ITEM NO. 16: Consider matters discussed in Executive Session regarding City Manager’s evaluation pursuant to 25 O. S. §307 (B) (1).

No action was taken.

AGENDA ITEM NO. 17: Adjournment

There being no further business to be considered, a motion was made by Commissioner Harrod, seconded by Commissioner Sims, that the meeting be adjourned. Motion carried 6-0. (7:55 p.m.)

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

LINDA PETERSON, MAYOR

ATTEST:


PHYLLIS LOFTIS, CITY CLERK

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