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Date: 12/15/2008Board: City CommissionDocumentType: MinutesWeb Posted: 4/4/2012 10:22:38 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
DECEMBER 15, 2008 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, December 15, 2008 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-Vice Mayor Commissioner Ward 2

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4

Vacant Carl Holt
Commissioner Ward 5 Commissioner Ward 6

ABSENT:

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 Agenda. Motion carried 6-0.

AYE: Harrod, Sims, Peterson, Collier, Holt, 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 No. 16.

b. Minutes from the December 1, 2008 meeting.

c. Appropriation of Fund Balance General Fund
To appropriate Ending Fund Balance – Unreserved for Fire Union 4.9% cost of living increase granted through arbitration and approved by the Commission at the December 1, 2008 meeting

d. Acknowledge the following reports and minutes:
• Planning Commission minutes from November 5, 2008
• Beautification Committee minutes from November 3, 2008
• Traffic Commission minutes from September 23, 2008
• Project Payment Report November 1-30, 2008
• License Payment Report November 1-30, 2008
• Sales Tax Collections through December 2008

e. Approve Traffic Commission recommendations from November 25, 2008 meeting.

A. Consideration of request from Anita Codopony, member of the Westside Neighborhood Watch, 626 West Kirk, Shawnee, OK to:

1. Install a crosswalk on the corner of Kickapoo Street and Burns Street; and
2. Install a crosswalk warning sign on the corner of Kickapoo Street and Burns Street.

RECOMMENDATION: Board recommends deferring request for further study and discussion with staff.

B. Consideration of request from Julie Thompson, President of the Westside Neighborhood Watch, (no address provided) (jthompson@ecdevonline.com), Shawnee, OK, to discuss Ford Street from Pottenger to Kennedy.

RECOMMENDATION: No recommendation needed at this time.


C. Consideration of request from Marilyn S. Bradford, Shawnee Public Schools Superintendent, 326 North Union, Shawnee, OK, to install “Do Not Enter” signs by Horace Mann Elementary allowing for one way traffic on Draper Street during school hours.

RECOMMENDATION: Board recommends approval.

D. Consideration of request from Marilyn S. Bradford, Shawnee Public Schools Superintendent, 326 North Union, Shawnee, OK, to install “Do Not Enter” signs by Jefferson Elementary allowing for one way traffic on Louisa Street during school hours.

RECOMMENDATION: Board recommends approval.

f. Approve Supplemental Agreement No. 2 with CP3 Enterprises, Inc. – Reconstruct a Portion of the Apron Serving Hangars 13 and 49, COS Project No. COS-PW-07-09, FAA AIP Project No. 3-40-0088-012-2008.

g. Approve LBR, Inc. Contract Amendment No. 6 - Provide Engineering and Design services for construction project “Rehabilitate Runway 17-35 and the North Portion of the Parallel Taxiway”.

h. Approve LBR, Inc. Contract Amendment No. 7 – Provide 80% Engineering and Design Services for Design Only Grant project “Rehabilitate Runway 17-35 and Realign a Portion of the Parallel Taxiway System”.

i. Mayor’s appointments:

• Traffic Commission
Delbert Totty to replace and fulfill the unexpired term of Shelby Hampton, term to expire January 1, 2011

• Community Service Contracts Review Committee
James Harrod





• Tourism Advisory Committee
Doug Walker, reappointment 2nd term to expire December 31, 2011
Cheryl Wells, reappointment 2nd term to expire December 31, 2011
Randy Floyd to replace and fulfill the unexpired term of Loretta Groves, term to expire December 31, 2009

Before voting on the Consent Agenda, Commissioner Holt, requested that Agenda Item No. 2(f) be pulled for separate consideration. Interim City Manager Phyllis Loftis requested Agenda Item No. 2(g & h) be pulled as well.

A motion was made by Commissioner Holt, seconded by Commissioner Collier, to approve Consent Agenda Item No. 2(a-i), less (f, g, & h), as presented. Motion carried 6-0.

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

In consideration of Agenda Item No. 2(f) concerning the Supplemental Agreement to reconstruct a portion of the Apron Serving Hangars 13 and 49, a capital to capital budget transfer will be made and presented at the next meeting.

A motion was made by Commissioner Holt, seconded by Commissioner Harrod, to accept the Supplemental Agreement to reconstruct a portion of the Apron Serving Hangars 13 and 49. Motion carried 6-0.

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

Regarding Agenda Item No. 2(g & h) a motion was made by Commissioner Sims, seconded by Commissioner Holt, to approve LBR, Inc. Contract Amendment No. 6 & 7 to “Rehabilitate Runway 17-35 and the North Portion of the Parallel Taxiway” and “Realign a Portion of the Parallel Taxiway System”. Motion carried 6-0.

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


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

Mr. Mike Blackstone recommended Mr. Chris Silvia to fill Ward 5 Commission seat.

AGENDA ITEM NO. 4: Interim City Managers presentation to Employee of the Month, David Tyler of the Street Department.

Interim City Manager Phyllis Loftis presented a plaque and gift certificate to David Tyler, Street Department, as the December employee of the month, in recognition of his excellent service and dedication to the City of Shawnee.
Mr. David Tyler was present to accept.

AGENDA ITEM NO. 5: Consider conducting interviews with applicants for Ward Five Commission seat:
a. Matthew LaHue
b. Chris Silvia
c. John Winterringer

Each candidate was present and was given time to make a statement regarding their qualifications for the position. Each candidate was then questioned individually by the Commission.

AGENDA ITEM NO. 6: Discuss and consider appointing Ward Five Commissioner.

The Mayor and all Commissioners thanked the applicants for their interest and stated they had a very difficult choice to make since all three applicants were so qualified and all three excellent choices. They also encouraged the two not chosen to continue their interest in city government and become involved in committees or other areas.

A motion was made by Commissioner Sims, seconded by Commissioner Holt, to appoint John Winterringer as Ward 5 Commissioner. Motion carried 6-0.

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

It was noted that John Winterringer would be sworn in as Ward 5 Commissioner on January 5, 2009.

CITY COMMISSION RECESSED AT 7:45 P.M.

CITY COMMISSION RECONVENED AT 7:55 P.M. WITH ALL COMMISSIONERS PRESENT

AGENDA ITEM NO. 7: Public hearing and consider approval of rezoning property from A-1; Agricultural to R-3; Multi-Family Restricted for property located at 1900 W. MacArthur. Case #P38-08 (Applicant: Tanner Consulting LLC)

Mayor Peterson declared a public hearing in session to consider an ordinance rezoning property located at 1900 W. MacArthur.
Mayor Peterson asked if any person wished to appear in favor of or in protest of the rezone.
Staff report was given by Justin Erickson and it was noted that the request to rezone is to allow for future construction of student dormitories on the campus of St. Gregory’s University. The rezone site is approximately 8.3 acres north of the existing campus. The preliminary plans indicate that a total of 96 housing units are proposed in eight (8) structures.
No others appeared and the public hearing was closed.

Ordinance No. 2388NS was introduced and the title read aloud.

ORDINANCE NO. 2388NS ENTITLED “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 LYING IN THE NORTHWEST QUARTER (NW/4) AND THE NORTHEAST QUARTER (NE/4) OF SECTION TWO (2), TOWNSHIP TEN (10) NORTH, RANGE THREE (3) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SE/4) OF SAID SECTION 2;
THENCE N89°22’56”E ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER (SE/4) A DISTANCE OF 600.77 FEET;
THENCE N00°37’04”W, PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 50.00 FEET;
THENCE N44°26’22”E A DISTANCE OF 35.39 FEET;
THENCE N00°30’13”W A DISTANCE OF 1184.06 FEET TO A POINT OF CURVATURE;
THENCE NORTHERLY AND NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 940.00 FEET (SAID CURVE SUBTENDED BY A CHORD WHICH BEARS N09°53’47”E A DISTANCE OF 339.37 FEET) AN ARC DISTANCE OF 341.24 FEET;
THENCE N20°17’47”E A DISTANCE OF 24.13 FEET TO A POINT OF CURVATURE;
THENCE NORTHERLY AND NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET (SAID CURVE SUBTENDED BY A CHORD WHICH BEARS N26°50’26”W A DISTANCE OF 36.65 FEET) AN ARC DISTANCE OF 41.13 FEET;
THENCE N73°58’38”W A DISTANCE OF 9.24 FEET TO A POINT OF CURVATURE;
THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1180.00 FEET (SAID CURVE SUBTENDED BY A CHORD WHICH BEARS N82°02’34”W A DISTANCE OF 331.12 FEET) AN ARC DISTANCE OF 332.22 FEET;
THENCE S89°53’30”W A DISTANCE OF 337.13 FEET;
THENCE N00°06’30”W A DISTANCE OF 5.00 FEET;
THENCE S89°53’30”W A DISTANCE OF 26.26 FEET TO A POINT OF CURVATURE;
THENCE WESTERLY AND NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 105.00 FEET (SAID CURVE SUBTENDED BY A CHORD WHICH BEARS N52°44’08”W A DISTANCE OF 127.47 FEET) AN ARC DISTANCE OF 136.98 FEET;
THENCE N15°21’45”W A DISTANCE OF 465.81 FEET TO A POINT OF CURVATURE;
THENCE NORTHERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 115.00 FEET (SAID CURVE SUBTENDED BY A CHORD WHICH BEARS N07°17’40”W A DISTANCE OF 32.28 FEET) AN ARC DISTANCE OF 32.39 FEET;
THENCE N00°46’25”E A DISTANCE OF 318.18 FEET TO A POINT OF CURVATURE;
THENCE NORTHERLY AND NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 90.00 FEET (SAID CURVE SUBTENDED BY A CHORD WHICH BEARS N38°37’28” E A DISTANCE OF 110.45 FEET) AN ARC DISTANCE OF 118.91 FEET;
THENCE S89°59’19”E A DISTANCE OF 100.70 FEET TO THE POINT OF BEGINNING, SAID POINT BEING 11.44 FEET N00°33’01”W AND 64.85 FEET N89°59’19”W OF THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER (NW/4) OF SAID SECTION 2;
THENCE N00°22’40”W A DISTANCE OF 66.86 FEET TO A POINT OF CURVATURE;
THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 244.50 FEET (SAID CURVE SUBTENDED BY A CHORD WHICH BEARS N12°16’08”E A DISTANCE OF 107.06 FEET) AN ARC DISTANCE OF 107.93 FEET;
THENCE N24°54’56”E A DISTANCE OF 59.96 FEET TO A POINT OF CURVATURE;
THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 155.50 FEET (SAID CURVE SUBTENDED BY A CHORD WHICH BEARS N12°10’57”E A DISTANCE OF 68.55 FEET) AN ARC DISTANCE OF 69.11 FEET TO A POINT ON THE COMMON LINE BETWEEN THE EAST LINE OF THE NORTHWEST QUARTER (NW/4) AND THE WEST LINE OF THE NORTHEAST QUARTER (NE/4) OF SAID SECTION 2;
THENCE N00°33’01”W, ALONG SAID COMMON LINE, A DISTANCE OF 173.68 FEET;
THENCE N89°37’20”E A DISTANCE OF 741.56 FEET;
THENCE S00°22’40”E A DISTANCE OF 471.58 FEET TO A POINT ON THE NORTH LINE OF A PRIVATE ACCESS EASEMENT;
THENCE N89°59’19”W, ALONG SAID NORTH LINE, A DISTANCE OF 805.02 FEET TO THE POINT OF BEGINNING, POTTAWATOMIE COUNTY, OKLAHOMA, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL DISTRICT TO R-3; MULTI FAMILY RESIDENTIAL DISTRICT, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Harrod, seconded by Vice Mayor Stephens, that the Title and Ordinance No. 2388NS be approved. Motion carried 6-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2388NS duly passed and adopted.

AGENDA ITEM NO. 8: Public hearing and consider approval of rezoning property from C-1; Neighborhood Commercial and C-3; Commercial, Automotive and Recreation to C-3; Commercial, Automotive and Recreation for property located at 1414 N. Harrison. Case #P39-08 (Applicant: Shawnee RE LLC)


Mayor Peterson declared a public hearing in session to consider an ordinance rezoning property located at 1414 N. Harrison.
Mayor Peterson asked if any person wished to appear in favor of or in protest of the rezoning.
The subject site is currently split-zoned, with the northern and southern extents zoned C-3 and a smaller portion zoned C-1. Adjacent properties to the north, south and east are all zoned C-3. Total parcel size is approximately 0.90 acres. The site is located just south of the new Taco Bell and just north of Dr. Drew Dentistry and features an existing structure (old Taco Bell building which will be demolished).
No others appeared and the public hearing was closed.

Ordinance No. 2389NS was introduced and the title read aloud.

ORDINANCE NO. 2389NS ENTITLED “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: THE NORTH 215 FEET OF THE EAST 200 FEET OF LOT TWO (2), YATES ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT TWO (2), THENCE S88º19’40”W ON THE NORTH LINE OF SAID LOT TWO (2) A DISTANCE OF 200 FEET; THENCE SOUTH AND PARALLEL TO THE EAST LINE OF SAID LOT TWO (2) A DISTANCE OF 215 FEET; THENCE N88º19’40”E AND PARALLEL TO THE NORTH LINE OF SAID LOT TWO (2) A DISTANCE OF 200 FEET TO A POINT ON THE EAST LINE OF LOT TWO (2) A DISTANCE OF 215 FEET TO THE POINT OF BEGINNING.
TRACT 2:
LOT ONE (1), BLOCK ONE (1), TACO BELL I, A REPLAT OF PART OF BLOCKS TWO (2) AND THREE (3), YATES ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM C-1; NEIGHBORHOOD COMMERCIAL AND C-3; AUTOMOTIVE, COMMERCIAL AND RECREATION TO C-3; AUTOMOTIVE, COMMERCIAL AND RECREATION, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Holt, seconded by Commissioner Sims, that the Title and Ordinance No. 2389NS be approved. Motion carried 6-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2389NS duly passed and adopted.

AGENDA ITEM NO. 9: Consider approval of preliminary plat for Harrison Ridge Addition located at 1414 N. Harrison. Case #S30-08 (Applicant: Shawnee RE LLC)

Staff has reviewed the proposed preliminary and final plat and recommends approval.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve preliminary plat for Harrison Ridge Addition located at 1414 N. Harrison. Motion carried 6-0.

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

AGENDA ITEM NO. 10: Consider approval of final plat for Harrison Ridge Addition located at 1414 N. Harrison. Case #S31-08 (Applicant: Shawnee RE LLC)

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve final plat for Harrison Ridge Addition located at 1414 N. Harrison. Motion carried 6-0.

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

AGENDA ITEM NO. 11: Public hearing and consider approval of rezoning property from A-1; Agricultural and R-1; Residential to R-1; Residential for property located at 1804 N. Elm. Case #P40-08 (Applicant: John Barrett)

Mayor Peterson declared a public hearing in session to consider an ordinance rezoning property located at 1804 N. Elm.
Mayor Peterson asked if any person wished to appear in favor of or in protest of the rezoning.
Staff report was given and it was noted that the subject property is currently split-zoned with a small portion zoned R-1 and the remainder zoned A-1. Adjacent properties are zoned either A-1 or R-1 and are developed primarily with low-density residential uses. The applicant requests that the subject lot approximately 5.2 acres be rezoned so that the entire area is zoned R-1.
No others appeared and no formal written protests were filed. The public hearing was closed.

Ordinance No. 2390NS was introduced and the title read aloud.

ORDINANCE NO. 2390NS ENTITLED “AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, TO-WIT:

THE EAST 330 FEET OF LOT NINE (9) AND THE NORTH NINETY (90) FEET OF THE EAST 330 FEET OF LOT TEN (10), BRADLEY’S ADDITION TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA.
AND
BEGINNING AT THE SOUTHEAST CORNER (SE/C) OF BLOCK TEN (10); THENCE NORTH 220 FEET; THENCE WEST 310 FEET; THENCE SOUTH 220 FEET; THENCE EAST 310 FEET TO THE POINT OF BEGINNING, BRADLEY’S ADDITION TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA.
AND
COMMENCING AT THE NORTHWEST CORNER (NW/C) OF LOT NINE (9); THENCE EAST 135 FEET TO THE POINT OF BEGINNING; THENCE EAST 155 FEET; THENCE SOUTH 185 FEET; THENCE WEST 155 FEET; THENCE NORTH 185 FEET TO THE POINT OF BEGINNING BRADLEY’S ADDITION TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL AND R-1; RESIDENTIAL TO R-1; RESIDENTIAL, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”


A motion was made by Commissioner Sims, seconded by Vice Mayor Stephens, that the Title and Ordinance No. 2390NS be approved. Motion carried 6-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2390NS duly passed and adopted.

AGENDA ITEM NO. 12: Consider approval of preliminary plat for Jackson’s First Addition located at 1804 N. Elm. Case #S29-08 (Applicant: John Barrett)

The applicant requests preliminary plat approval for a 12-lot plat of approximately 5.2 acres and is currently occupied by four detached houses and several outbuildings. The proposed lots will front on either Bradley or Elm Street. Lot sizes range from 9,060 square feet to just over 1.0 acre. Lot 10 and Lot 11 are essentially flag lots, but are proposed to have 40 feet of frontage per lot (fronting Bradley), which is in conformance with the R-1 zone. Section 503.4 of the Shawnee Zoning Code requires a minimum lot width of 60 feet as measured at the front building line. Lot 10 and Lot 11 measure more than 60 feet at the front building line that is established on the plat. Staff is recommending approval subject to the following six (6) conditions:

1. A building envelope shall be depicted on the final plat for Lot 10 and Lot 11, which demonstrates compliance with Section 40.2.9 of the Shawnee Subdivision Regulations.
2. The front building line for Lot 10 and Lot 11 shall be as established on the final plat and as approved by the City.
3. Sidewalks shall be constructed in accordance with Section 40.2.8 and shall be installed prior to occupancy on each subject lot. A 5-foot passing lane is required (per ADA) every 200 feet and such passing area shall be shown on the improvement plans and constructed as approved.
4. A 10-foot right-of-way dedication is required along Elm Street unless otherwise approved by the City Engineer.
5. Street improvements shall be as approved by the City Engineer.
6. The 40’ cross drive access easement to be reviewed by staff at final platting stage.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve preliminary plat for Jackson’s First Addition located at 1804 N. Elm with the six (6) conditions. Motion carried 6-0.

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


AGENDA ITEM NO. 13: Consider approval of preliminary plat for Sehorn Commercial Plaza located in the 2250 block of North Harrison. Case #S27-08 (Applicant: Mark Sehorn)

Staff recommends approval subject to the following 5 conditions:

1. The requested variation for a driveway spaced at 159 feet rather than 175 feet is approved in accordance with the driveway location and spacing shown on the preliminary plat.
2. The front building line for Lot 3 (Phase 1) shall be as established on the final plat and shall meet the dimensional standards of the Shawnee Zoning Code.
3. Sidewalks shall be constructed as shown on the preliminary plat and in accordance with Section 40.2.8 and shall be installed prior to occupancy on each subject lot.
4. The “common area and drainage easement” shall be constructed during Phase 1 and those lots benefiting from its instrument, subject to approval by the City Engineer.
5. Lot 1, Phase II requires a minimum lot area of 5.0 acres and therefore may only be approved and recorded upon adjustment in lot area or rezoning of the property. No building permit can be issued for a non-conforming lot, where the hardship is self-imposed.

A motion was made by Commissioner Sims, seconded by Commissioner Collier, to approve of preliminary plat for Sehorn Commercial Plaza located in the 2250 block of North Harrison subject to the five (5) conditions. Motion carried 6-0.

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

AGENDA ITEM NO. 14: Discuss and consider an amendment to the 1990 water contract involving the City of Shawnee, City of Tecumseh, and Pottawatomie County Development Authority.

A motion was made by Vice Mayor Stephens, seconded by Commissioner Holt, to approve amendment to the 1990 water contract involving the City of Shawnee, City of Tecumseh, and Pottawatomie County Development Authority.
Motion carried 6-0.

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



AGENDA ITEM NO. 15: Committee report on city manager application review with commission discussion and possible action relating to said report.

The Committee reported that two prospects for the city manager position will be interviewed Thursday December 18th during a special call meeting at 1:15 p.m. Commissioners will then convene into an Executive Session to discuss and possibly consider a recommendation.

AGENDA ITEM NO. 16: Consider Bids:

The following bids were opened and read into record.

a. Remodel Shawnee Public Library Story Time Room and Children’s Restroom. (Open)

BIDDER AMOUNT

Buoy Brothers Construction
Shawnee, OK $37,860.00

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to defer bids to remodel Shawnee Public Library Story Time Room and Children’s Restroom, for review and recommendation at the January 5, 2009 City Commission meeting. Motion carried 6-0.

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

b. Supply and Install Carpet in Main Public Area of the Shawnee Public Library. (Open)

BIDDER AMOUNT

FloorCo Construction
OK City, OK $58,988.00

Alt/tile $ 599.00
Alt/carpet $ 1,199.00

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to defer bid regarding supply and install carpet in main public area of the Shawnee Public Library, to staff for review and recommendation at the January 5th City Commission meeting. Motion carried 6-0.


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

AGENDA ITEM NO. 17: 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. 18: Administrative Reports

There were no Administrative Reports.

AGENDA ITEM NO. 19: Commissioners Comments

Under Commissioners Comments, Commissioner Sims explained the Department of Environmental Quality (DEQ) has new requirements for ozone air quality that will be affecting some of our local businesses in Pottawatomie County if not excluded from the requirements. Commissioner Sims would like to have a resolution requesting the exemption for Pottawatomie County. The Governor will have some input into the areas exempted. If we are not granted this exemption, it will be a definite hardship on economic development as well as businesses already in and around Shawnee.
Commissioner Harrod asked about changing the election dates so the timeframe after being elected but before taking office is not so long. John Canavan explained the City could go back to the original Charter and have the elections as they were before on a March/April cycle rather than the state cycle. The state required 35 days between any elections. We could request the Election Board waive the 35 day requirement.
Mayor Peterson wished everyone a Merry Christmas.


AGENDA ITEM NO. 20: Adjournment

There being no further business to be considered, a motion was made by Commissioner Sims, seconded by Commissioner Collier, that the meeting be adjourned. Motion carried 6-0. (8:44 p.m.)


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




LINDA PETERSON, MAYOR
(SEAL)

ATTEST:


DONNA MAYO,
ACTING CITY CLERK

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