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Date: 3/19/2012Board: City CommissionDocumentType: MinutesWeb Posted: 4/3/2012 2:51:09 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
MARCH 19, 2012 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 19, 2012 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 Commissioner Ward 2

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

John Winterringer Absent
Commissioner Ward 5 Commissioner Ward 6

ABSENT: Pam Stephens, Steve Smith

INVOCATION Rev. Amy Perkins
United Presbyterian

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda.

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

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

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

a. Minutes from the March 5, 2012 regular meeting.

b. Budget Amendment Street Fund 301
Insurance check for totaled police car

c. Budget Amendment Streets Fund 302
State Grant Money

d. Acknowledge the following minutes and reports:

• Beautification Committee minutes from February 9, 2012
• Planning Commission minutes from February 1, 2012
• Shawnee Urban Renewal Authority minutes from
February 7, 2012
• License Payment report for February 1-29, 2012
• Project Payment report for February 1-29, 2012
e. Lake Site Lease Transfer

• Lot 11 Belcher Tract, 15609 Nickens Road
From: V. Ziegler and D. Ziegler
To: C. Warmington and C. Warmington

f. Approve contract with Price Group Architects, PLLC for engineering of the library reroofing project.

g. Approve contract with Excel Auctions, LLC to auction vehicles declared surplus at the March 5, 2011 meeting.

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

AYE: Harrod, Sims, Peterson, Collier, Winterringer
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 Proclamation
“Arbor Week”
March 25-31, 2012

Mayor Peterson read the Arbor Week Proclamation and presented the same to James Bryce, Parks Department.

AGENDA ITEM NO. 5: Public hearing and consider an ordinance modifying Section 3-216 of the Shawnee Municipal Code as recommended by the Shawnee Planning Commission.

Mayor Peterson declared a public hearing in session to consider an ordinance modifying Section 3-216 of the Shawnee Municipal Code as recommended by the Shawnee Planning Commission. Tom Terry and Linda Malley both spoke in favor of continuing the moratorium on billboards. David Romberg spoke in favor of allowing more billboards. No others came forward to speak and Mayor Peterson closed the public hearing.
Justin Erickson, Community Development Director, reported the Planning Commission had considered a draft of regulations but the new regulations would have been so restrictive that the effect was almost the same as a ban on billboard signs. Because of this the Planning Commission recommended continuing with the moratorium.
The City Commissioner’s had many questions regarding the draft regulations. After discussion and explanation, the commission instructed staff to bring back an ordinance based on the draft regulations for their consideration.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to instruct staff to prepare an ordinance based on draft regulations presented and defer the consideration of an ordinance until the April 16, 2012 meeting. Motion carried 5-0.

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

AGENDA ITEM NO. 6: Public hearing and consider an ordinance to rezone property located at 3930 N. Kickapoo Street from R-1; Single Family Residential to C-3; Automotive, Commercial and Recreation. Case #P06-12 Applicant: Seminole Ice House, LLC

Mayor Peterson declared a public hearing in session. Justin Erickson, Community Development Director, advised the Planning Commission had deferred this item until their next meeting and would like for the City Commission to defer until the April 16, 2012 meeting.

A motion was made by Vice-Mayor Collier, seconded by Commissioner Winterringer, to continue the public hearing and defer the rezoning request until the April 16, 2012 meeting. Motion Carried 5-0.

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

AGENDA ITEM NO. 7: Public hearing and consider an ordinance to rezone property located at the NE corner of MacArthur and Acme Road from A-1; Agricultural to C-3; Automotive, Commercial and Recreation and R-3; Multi-Family. Case #P07-12 Applicant: E. Allen Cowen, II

Public hearing was opened by Mayor Peterson to consider an ordinance rezoning property located at the Northeast corner of MacArthur and Acme Road from A-1; Agricultural to C-3; Automotive, Commercial and Recreation and R-3; Multi-Family. No one spoke for or against the rezoning. There was no staff report and no discussion. Mayor Peterson closed the public hearing.

A motion was made by Commissioner Sims, seconded by Vice-Mayor Collier to approve the ordinance rezoning the property located at the Northeast corner of MacArthur and Acme Road from A-1; Agricultural to C-3; Automotive, Commercial and Recreation and R-3; Multi-Family.

Ordinance No. 2473NS was introduced and the title read aloud.

ORDINANCE NO. 2473NS, AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, TO-WIT:

TRACT 1: A PART 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, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SW/4;THENCE NORTH 00°07’05” EAST A DISTANCE OF 300.00 FEET; THENCE SOUTH 89°59’37” EAST A DISTANCE OF 300.00 FEET; THENCE SOUTH 00°07’05” WEST A DISTANCE OF 300.00 FEET; THENCE NORTH 89°59’37” WEST A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2.066 ACRES MORE OR LESS; REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO C-3; AUTOMOTIVE, COMMERCIAL AND RECREATION; AND

TRACT 2: A PART 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, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING THE SOUTHWEST CORNER OF SAID SW/4; THENCE NORTH 00°07’05” EAST A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00°07’05” EAST A DISTANCE OF 808.80 FEET; THENCE SOUTH 89°59’37” EAST A DISTANCE OF 550.00 FEET; THENCE SOUTH 00°07’05” WEST A DISTANCE OF 1108.80 FEET; THENCE NORTH 89°59’37” WEST A DISTANCE OF 250.00 FEET; THENCE NORTH 00°07’05” EAST A DISTANCE OF 300.00 FEET; THENCE NORTH 89°59’37” WEST A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING, CONTAINING 11.934 ACRES MORE OR LESS, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO R-3; MULTI-FAMILY, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 5-0.


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

AGENDA ITEM NO. 8l: Public hearing and consider an ordinance to rezone property located at 4650 N. Harrison Street from A-1; Agricultural to C-3; Automotive, Commercial and Recreation. Case #P05-12 Applicant: TJT Holdings, LC

Mayor Peterson declared a public hearing in session to consider an ordinance rezoning property located at 4650 N Harrison Street from A-1; Agricultural to C-3: Automotive, Commercial and Recreation. Mike Adcock came forward in favor of the rezoning explaining the use would be for an office at the Central Disposal transfer station located on the property. No others came forward to speak for or against the rezoning and the Mayor closed the public hearing.

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to approve the rezoning of property located at 4650 N. Harrison Street from A-1; Agricultural to C-3; Automotive, Commercial and Recreation.

Ordinance No. 2474NS was introduced and the title read aloud.

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 COMMENCING AT THE SOUTHEAST CORNER OF 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; THENCE N00°01'41"E A DISTANCE OF 498.76 FEET TO THE POINT OF BEGINNING; THENCE N89°58'19"W A DISTANCE OF 348.00 FEET; THENCE N00°01'41"E A DISTANCE OF 520.24 FEET; THENCE S89°58'19"E FOR A DISTANCE OF 348.00 FEET; THENCE S00°01'41"W FOR A DISTANCE OF 520.24 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. 5-0

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

AGENDA ITEM NO. 9: Consider approval of preliminary and final plats for Bodard Addition Section I located at the Northwest Corner of 45th Street and Harrison Street. Case S05-12 and S06-12 Applicant: TJT Holdings, LC

A motion was made by Commission Harrod, seconded by Vice-Mayor Collier, to approve the Bodard Addition Section I preliminary and final plats located at the Northwest Corner of 45th Street and Harrison Street with the following conditions:

1. Preliminary Plat approval for Lot I and 2 is approved provided the property is rezoned to a commercial zoning designation.
2. Final infrastructure plans shall be submitted by the applicant and approved by the City and the City Engineer prior to construction.
3. Sidewalks are required in accordance with City Standards along the Harrison Street frontage.
4. An engineered site plan and engineered drainage plan is required concurrent with building permit submittal for each lot.
5. Lot 2 may not be final platted until all floodplain requirements have been met to the satisfaction of the City's Floodplain Administrator.
6. All other applicable City standards apply.
7. The following deviations are hereby approved:
a. Waiver of requirement that all contiguous land owned by the applicant be included in the preliminary plat; and
b. Waiver of utility easement requirement along the side and rear lot lines for Lot I and Lot 2.

Motion carried 5-0.

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

AGENDA ITEM NO. 10: Consider agreement with the Citizen Potawatomi Nation to provide funding for the southbound lanes of the James W. Allen Bridge along Gordon Cooper across the North Canadian River.

John Krywicki, City Engineer, reported the James W. Allen Bridge along Gordon Cooper across the North Canadian River is in need of repairs. Many of these repairs are in the future plans for repairs by the City of Shawnee. The Citizen Potawatomi Nation has money left from the “Economic Stimulus Plan” that would have to be used for road or bridge repairs on Gordon Cooper. They have asked that we partner with them on the overlay repair of this bridge. The City will be responsible for engineering, oversight, inspection and maintenance of the bridge and the Nation will pay up to $625,000 for these repairs.

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to approve the agreement with the Citizen Potawatomi Nation to provide funding for the southbound lanes of the James W. Allen Bridge along Gordon Cooper across the North Canadian River. Motion carried. 5-0

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

AGENDA ITEM NO. 11: Acknowledge Sales Tax report received March, 2012.

Cindy Sementelli, Finance Director/Treasurer, presented information regarding the latest sales tax report from the Oklahoma Tax Commission. Ms. Sementelli reported that sales tax receipts are flat for Shawnee while much of the state is up in numbers.

AGENDA ITEM NO. 12: Presentation on Municipal Pool repair costs.

James Bryce, Director of Operations, reported that the minimum needed to open the pool in 2013 is $294,500.00 and that would not address the needs in the pool house, food service area, decking, lighting and fencing. The pool was losing approximately 38,906 gallons of water per day at the end of 2011 season, which also causes more chemical use. The pool can be opened this season but decisions will have to be made before any plans for opening in 2013.

AGENDA ITEM NO. 13: 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. 14: Administrative Reports

There was no Administrative Reports.

AGENDA ITEM NO. 15: Commissioners Comments

Commissioner Harrod inquired about alarm permit renewals. Justin Erickson advised renewal notices are to be sent out to those that have previously registered alarms.

Commissioner Sims asked about the Community Round Table discussions that had been talked about. Brian McDougal, City Manager, advised dates are being looked at for these discussions.

Commissioner Winterringer wanted to know about redistricting of the wards. Justin Erickson advised we are waiting on census information which should be received in April. Commissioner Winterringer also mentioned the OBU men’s basketball team is playing in the national semi-finals.

Mayor Peterson reminded everyone of the ribbon cutting for the new library computer lab Thursday, March 22. She also wants to schedule public community meetings on how to move forward on various projects.

MAYOR PETERSON INVOKED HER POWER AS CHAIR TO RECESS THE CITY COMMISSION MEETING AND OPEN THE SHAWNEE MUNICIPAL AUTHORITY AND THE SHAWNEE AIRPORT AUTHORITY MEETINGS.
(7:55 p.m.)

MAYOR PETERSON INVOKED HER POWER AS CHAIR TO RECONVENE THE CITY COMMISSION MEETING. (8:15 p.m.)

AGENDA ITEM NO. 16: Consider an Executive Session to discuss status of ULP’s (PERB Case Nos. 496 and 499) and Collective Bargaining Agreement with the IUPA, Local No. 3, for FY2011-2012 and FY2012-2013 as authorized by 25 O.S. §307(B)(2).

A motion was made by Vice-Mayor Collier, seconded by Commissioner Winterringer, to enter into Executive Session to discuss status of ULP’s (PERB Case Nos. 496 and 499) and Collective Bargaining Agreement with the IUPA, Local No. 3, for FY2011-2012 and FY2012-2013 as authorized by 25 O.S. §307(B)(2). Motion carried. 5-0

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

COMMISSION ENTERS EXECUTIVE SESSION AT 8:16 P.M.

COMMISSION RETURNS FROM EXECUTIVE SESSION WITH FIVE COMMISSIONERS PRESENT AT 8:45 P.M.

AGENDA ITEM NO. 17: Consider matters discussed in Executive Session regarding status of ULP’s (PERB Case Nos. 496 and 499) and Collective Bargaining Agreement with the IUPA, Local No. 3, for FY2011-2012 and FY2012-2013 as authorized by 25 O.S. §307(B)(2).

A motion was made by Vice-Mayor Collier, seconded by Commissioner Sims, to approve the Memorandum of Understanding that would dismiss the ULP’s (PERB Case Nos. 496 and 499). Motion carried 5-0.

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

AGENDA ITEM NO. 18: 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 5-0. (8:49 p.m.)

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


LINDA PETERSON, MAYOR

ATTEST:



DONNA MAYO, DEPUTY CITY CLERK

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