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Date: 12/18/2006Board: City CommissionDocumentType: MinutesWeb Posted: 1/5/2007 8:33:05 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
DECEMBER 18, 2006 AT 5:30 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 18, 2006 at 5:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Mills presided and called the meeting to order. Upon roll call, the following members were in attendance.

Chuck Mills
Mayor
Pam Stephens Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2

Marva O’Neal Linda Peterson
Commissioner Ward 3 Commissioner Ward 5- Vice Mayor

David Daugherty
Commissioner Ward 6

ABSENT: Wes Beck
Commissioner Ward 4


INVOCATION Reverend Leroy Kerbo
Oak Park Church of God

FLAG SALUTE Mayor Mills

AGENDA ITEM NO. 1: Consider Approval of Agenda:

Commissioner Schrzan made a motion to approve the agenda. Motion was seconded by Commissioner Daugherty. Motion carried 6-0.

AYE: Schrzan, Daugherty, Stephens, O’Neal, Mills, Peterson
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 of the December 4, 2006 meeting.

c. Transfers of Appropriations in General Fund and Shawnee Municipal Authority.

d. Acknowledge the following reports and minutes:

* Sales Tax Report for the month of December, 2006

* License Payment Report for the month of November, 2006.

* Project Payment Report for the month of November, 2006.

* Shawnee Urban Renewal minutes from the November 21, 2006 meeting.

* Shawnee Planning Commission minutes from the November 1, 2006 meeting.

* Shawnee Public Library Advisory Board minutes and Librarian’s Report from the July 11, 2006 meeting; Shawnee Public Library Advisory Board minutes and Community Room Policy from the September 20, 2006 meeting.

e. Lakesite Lease Renewal:

Lot 6, Green Tract

B. Fellows
J. Fellows

f. Authorize staff to advertise for bids for purchase and installation of tile for the Shawnee Public Library community rooms and lobby.

g. Approve Oklahoma Municipal Retirement Fund disability retirement for Roger Parman.

h. Approve recommendation of Sister Cities Council officers for 2007.

i. Approve out-of-state travel for firefighters Darrin Fowler and Tony Wittman to attend the Incident Response to Terrorist Bombings classes in Socorro, New Mexico, February 25 – March 3, 2007.

j. Acknowledge Letter Agreement between U.S. Army Corps of Engineers, Oklahoma Water Resources Board and City of Shawnee to assist with the preparation of comprehensive plans for the development, utilization and conservation of water and related land resources.

Commissioner Schrzan asked that Consent Agenda Item No. 2(j) be pulled for separate consideration.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that Consent Agenda Item No. 2(a-i), less 2(j) be approved. Motion carried 6-0.

AYE: Peterson, O’Neal, Mills, Daugherty, Stephens, Schrzan
NAY: None

Under Agenda Item No. 2(j), regarding the Letter Agreement between the U.S. Army Corps of Engineers, Oklahoma Water Resources Board and the City of Shawnee, Commissioner Schrzan asked if there would be any input from citizens regarding this issue. Utilities Director Afsaneh Jabbar replied that this is a professional yield study and once it is completed it will be forwarded to the City for review.

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to approve Consent Agenda Item No. 2(j) as explained. Motion carried 6-0.

AYE: Schrzan, Peterson, Daugherty, Stephens, O’Neal, Mills
NAY: None

AGENDA ITEM NO. 3: Citizens’ Comments (A three minute limit per person) (A ten minute limit per topic)

There were no Citizens’ Comments.

AGENDA ITEM NO. 4: City Manager’s presentation of Employee of the Month. (Pam Billus, Police Dispatcher)

Mayor Mills presented a plaque and certificate to Pam Billus, Police Dispatcher, as the December employee of the month, in recognition of her excellent dedication to the City of Shawnee. Ms. Billus was present to accept.

AGENDA ITEM NO. 5: Public hearing and consider an ordinance rezoning property located at 1901 N. Broadway from R-1; Residential District to R-1P; Residential District with Conditional Use Permit to allow a Bed and Breakfast establishment. (Applicant: Linda Griffin)

It was noted by the Planning Commission that applicant Linda Griffin has requested additional time. This item will be continued until the January 3, 2007 Planning Commission meeting.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to accept staff’s recommendation for deferral of this item until the January 16, 2007 city commission meeting.



Motion carried 6-0.

AYE: Peterson, O’Neal, Mills, Daugherty, Stephens, Schrzan
NAY: None

AGENDA ITEM NO.6: Public hearing and consider an ordinance rezoning property located on the southeast corner of Harrison and Highland streets from C-1; Neighborhood Commercial District to C-3: Automotive and Commercial Recreation District for use as a used car lot. (Applicant: D. Matt Hopkins, attorney for the estate of Robert S. Townsend).

Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at Harrison and Highland streets for a used car lot.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning request. No persons appeared.
It was noted the Planning Commission had recommended approval and that no formal written protest had been filed.
After due and careful consideration, Ordinance No. 2290NS was introduced and the title read aloud.

ORDINANCE NO. 2290NS 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 ONE (1), TWO (2), THREE (3), FOUR (4), FIVE (5), SIX (6), SEVEN (7) AND THE WEST SEVEN (7) FEET OF THE LOT EIGHT (8) AND ALL LOTS TWENTY-THREE (23) AND TWENTY-FOUR (24), BLOCK “A”, AMENDED PLAT OF BLOCK TWO (2), OF THE AMENDED PLAT OF WHITTAKER’S ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM C-1; NEIGHBORHOOD COMMERCIAL DISTRICT TO C-3, AUTOMOTIVE AND COMMERCIAL RECREATION DISTRICT AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Schrzan, seconded by Commissioner Daugherty, that the Title and Section 1 be approved. Motion carried 6-0.

AYE: Schrzan, Daugherty, Stephens, O’Neal, Mills, Peterson
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2290NS duly passed and adopted.

AGENDA ITEM NO. 7: Public hearing and consider an ordinance rezoning property located on the southeast corner of Independence and Minnesota streets from R-3; Multi-Family Dwelling District; to C-1P; Neighborhood Commercial Recreation District with Conditional Use Permit to allow for grocery store and to sell beer for off-premise consumption. (Applicant: Don Haltenhof d/b/a DRT Markets, Inc.)

Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located on the southeast corner of Independence and Minnesota streets to allow for grocery store and to sell beer for off-premise consumption.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning request. Two (2) formal written protests have been filed with the City Clerk’s office. Appearing before the Commission and speaking on behalf of the rezoning were Tim McGough and Patty Wagstaff.
Commissioner Stephens expressed her concern regarding increased traffic in a residential area. Commissioner Schrzan questioned whether the location of this grocery store would be detrimental to the property values of homes in the area. Vice-Mayor Peterson had questions regarding traffic counts on Independence Street and what type of traffic impact this rezoning would have on the area.
Community Development Director Mike Southard told the Commission that their options regarding a decision in this matter were as follows:
1) Approve the rezoning
2) Approve the rezoning with conditions as to site specifications
3) Deny the rezoning
4) Refer the rezoning request back to the Planning Commission for other action such as a P.U.D rezoning.

After a lengthy discussion, Mayor Mills stated that with a site plan not available, he is not comfortable with the rough plan. He further stated that there was not enough information on what kind of an impact this would have on the area residents and the value of the surrounding properties. Mayor Mills declared the public hearing closed.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to deny request to rezone the southeast corner of Independence and Minnesota streets. Motion carried 6-0.

AYE: Peterson, Stephens, Schrzan, O’Neal, Mills, Daugherty
NAY: None

AGENDA ITEM NO. 8: Public hearing and consider an ordinance rezoning property located at 14106 Acme Road rezoning property from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Condition Use Permit for the sale of beer and alcohol for on-premise consumption. (Applicants: Lou Castoe and Casey Goodall d/b/a Boone Dock’s).

Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 14106 Acme Road with a Conditional Use Permit for the sale of beer and alcohol for on-premise consumption.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning request. No persons appeared.
It was noted the Planning Commission had recommended approval and that no formal written protest had been filed.
After due and careful consideration, Ordinance No. 2291NS was introduced and the title read aloud.

ORDINANCE NO. 2291NS 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 BEING LOCATED IN THE NORTHEAST QUARTER (NE/4) OF SECTION TEN (10), TOWNSHIP TEN (10) NORTH, RANGE THREE (3) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 831.89 FEET S0020’41”W AND 208.71 FEET N8916’51”W OF THE NORTHEAST CORNER (NE/C) OF SAID NORTHEAST QUARTER (NE/4); THENCE S3125’17”W A DISTANCE OF 141.68 FEET; THENCE N5008’45”W A DISTANCE OF 142.87 FEET; THENCE N3157’12”E A DISTANCE OF 118.13 FEET; THENCE S5847’32”E A DISTANCE OF 68.94 FEET; THENCE S6027’57”E A DISTANCE OF 71.32 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM C-3; AUTOMOTIVE AND COMMERCIAL RECREATION DISTRICT TO C-3P; AUTOMOTIVE AND COMMERCIAL RECREATION DISTRICT WITH CONDITIONAL USE PERMIT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Schrzan, seconded by Commissioner Daugherty, that the Title and Section 1 be approved. Motion carried 6-0.

AYE: Schrzan, Daugherty, Stephens, O’Neal, Mills, Peterson
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2291NS duly passed and adopted.

AGENDA ITEM NO. 9: Consider a resolution approving an amendment to the trust indenture for the Oklahoma Municipal Retirement Fund.

Oklahoma Municipal Retirement Fund (OMRF) representative Jodi Cox appeared before the Commission regarding this item. Ms. Cox gave a brief history of the OMRF and also explained the difference between the Trust Indenture and the Master Plan document. Ms. Cox stated that the issue before Commissioners is to allow a change in the Trust Indenture regarding how Qualified Domestic Relations Orders (QDROs) are handled. At the present time, because the QDRO information is contained in the Trust Indenture, it would take 2/3 of the OMRF participating member cities to approve a change. By taking the QDRO language out of the Trust Indenture, and having it in the Master Plan Document only, it would require each city to individually approve a change regarding the manner in which QDROs are handled. Ms. Cox stated that they are not proposing any changes regarding QDROs at this time, but that it was possible there would be changes in the future.
Utilities Director Afsaneh Jabbar spoke on behalf of the Management Team and stated that the consensus of the group was that the current system has served the City of Shawnee well and that the level of control would be diminished and the employees would be less protected by changing it from the 2/3 majority requirement and placing the decision on the individual cities.
Ms. Cox noted that the resolution has been approved by all of the other cities, with only Shawnee and El Reno requesting an OMRF representative come to a commission meeting for further explanation.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to accept the Management Team’s recommendation to deny the resolution amending the trust indenture for the Oklahoma Municipal Retirement Fund. Motion carried 5-1.

AYE: Peterson, Daugherty, Schrzan, O’Neal, Mills
NAY: Stephens

AGENDA ITEM NO. 10: Consider Annette Davis’ appeal of the Administrative Order declaring property located 1005 N. Union a dilapidated structure to be dismantled and removed.

Appealing the Administrative Order declaring property located at 1005 N. Union, a dilapidated structure to be dismantled and removed, applicant Annette Davis and her son, Lane Davis, appeared before the Commission asking for an additional 90 to 120 days to complete the remodeling of the property. According to the administrative hearing officer, the property was determined dilapidated on August 3, 2006. The dwelling was ordered to be remodeled with a permit obtained by September 7, 2006 and completed by February 22, 2007 by the applicants. A permit was never submitted which resulted in a second hearing held on December 12, 2006. Lane Davis stated that his mother has owned the house for 20 years and has tried to get a loan to do the repairs. Ms. Davis will be applying for a hardship loan through her 401k to get the repairs finished.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to defer this matter until the January 16, 2007 city commission meeting. The Davis’ were directed by the Commission to meet with building inspectors to determine a priority list for the work remaining and to secure financing for the project. They will be required to report on their progress regarding these matters at the January 16th meeting. Motion carried 6-0.

AYE: Peterson, Stephens, Schrzan, O’Neal, Mills, Daugherty
NAY: None

AGENDA ITEM NO. 11: Consider request of Mr. W.R. Haley to declare property located at the intersection of Harrison/Farrall Loop and Lincoln Street surplus property.

A letter and diagram was received from Mr. W.R. Haley concerning the property located at the intersection of Harrison/Farrall Loop and Lincoln Street. Mr. Haley is requesting that the property be declared “surplus property” and be sold at auction.
Community Development Director Mike Southard presented maps of the subject property and explained that many years ago the City leased the property to an individual who is now deceased. It appears that the property was being sub-let, but there is $1,500.00 in back rent due. Mr. Southard stated that the building on the property is dilapidated and should be torn down.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to declare the southern parcel of the property located on Lincoln Street surplus property. Motion carried 6-0.

AYE: Peterson, Daugherty, Stephens, Schrzan, O’Neal, Mills
NAY: None

AGENDA ITEM NO. 12: Consider Agreement for architectural services with KMA Design for Wayfinding Study.

Mike Southard stated that the KMA bid for completion of this study is $16,967.50. He further stated that the Convention and Visitors Bureau had agreed to commit an additional $10,000 if the bid came in over $20,000.00. Since it did not, he felt they might be willing to help with costs involved with the signage which may be as much as $200,000.00.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, to approve agreement for architectural services with KMA Design for Wayfinding Study. Motion carried 6-0.

AYE: Peterson, Schrzan, O’Neal, Mills, Daugherty, Stephens
NAY: None

AGENDA ITEM NO. 13: Consider change order for Shawnee Twin Lakes Intake Tower Project.

While working on the intake tower for the Shawnee Twin Lakes, it was noticed by the divers from Ratliff Construction that all three valve locations were missing the bar screens and covers on the outside (lake side) of the intake tower. The screens keep items such as debris, fish, and other items from entering the tower and into the raw water line. After discussing this with Utility Director Afsaneh Jabbar, Ratliff Construction has submitted a change order with a breakdown of the work that needs to be done.

Material and Galvanizing $3,000.00
Shop Fabrication $4,000.00
Field Installation $6,500.00
Divers $2,000.00
Administration $2,500.00
$18,000.00

A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to approve staff’s recommendation to accept change order for Shawnee Twin Lakes Intake Tower Project in the amount of $18,000.00.


Motion carried 6-0.

AYE: Schrzan, O’Neal, Mills, Peterson, Daugherty, Stephens
NAY: None

AGENDA ITEM NO. 14: Discuss and consider a later starting time for city commission meetings.

Various reasons were discussed as to why the city commission meetings needed to be changed to a different time. Commissioner Schrzan stated that he has heard from citizens who feel that 5:30 p.m. is too early for them to get to the meetings. Commissioner Schrzan also stated that he believes if the meetings start later, they will end sooner.
Mayor Mills stated that he has had the opposite feedback from citizens, stating that he has heard nothing but positive statements regarding the 5:30 start time. The Mayor further stated that he would not allow any restrictions on citizens or commissioner input regardless of the time involved. Mayor Mills said he was not opposed to a later start time and suggested 6:00.
Commissioner Stephens stated that she would like to see the meetings start later, based upon what is best for the citizens of Shawnee, not staff or commissioners preference.
A motion was made by Commissioner Schrzan, seconded by Commissioner Stephens, to approve the starting time for city commission meetings to 6:30 p.m. Motion carried 4-2

AYE: Schrzan, Stephens, O’Neal, Daugherty
NAY: Mills, Peterson

AGENDA ITEM NO. 15: Discuss and consider removing “Administrative Reports” (by staff) from the agenda and replacing it with memos to the board.

Commissioner Schrzan requested this item be placed on the agenda. He stated that in an effort to shorten the meetings, staff could provide written reports or memos, which could be provided to the Commission prior to the city commission meeting.
City Manager Jim Collard stated that this scenario would require staff to try to anticipate every question that may arise on the subject and that staff would spend additional time trying to cover areas that may or may not be information the Commissioners want.
Mayor Mills stated that if he has a question regarding the staff memo, he would still ask the staff member to answer questions at the city commission meeting. He further stated that he does not want to keep information from the public.
A motion was made by Commissioner Schrzan to strike Administrative Reports and replace with memorandums from staff. Motion dies for lack of a second.

AGENDA ITEM NO. 16: Consider Bids:

a. South Gordon Cooper Drainage Replacement (award)

City Engineer John Krywicki said that this was not a budgeted project. However, funds are available from the Kickapoo Street Project funding which will not be entirely used since the Oklahoma Department of Transportation to commit to 100% of the construction costs of the newly completed project
A motion was made by Commissioner Schrzan, seconded by Commissioner Daugherty, to award the South Gordon Cooper Drainage Replacement to Morton Construction, Stillwater Oklahoma, as the lowest and best bid in the amount of $41,871.62. Motion carried 6-0.

AYE: Schrzan, Daugherty, Stephens, O’Neal, Mills, Peterson
NAY: None

b. Intermediate Size Hydraulic Paving Breaker (open)

BIDDER AMOUNT

C.L. Boyd Company, Inc . No Bid
Oklahoma City, OK 73126

OCT Equipment, Inc. $8,556.00
Tulsa, OK 74128

Kirby Smith Machinery, Inc. $14,407.00
Oklahoma City, OK 73127

A motion was made by Commissioner O’Neal, seconded by Vice Mayor Peterson, to defer bids to staff for review and recommendation at the January 2, 2007 meeting.

COMMISSIONER DAUGHERTY WAS NOT PRESENT DURING ROLL CALL TO VOTE

Motion carried 5-0.

AYE: O’Neal, Peterson, Stephens, Schrzan, Mills
NAY: None

COMMISSIONER DAUGHERTY NOW PRESENT

AGENDA ITEM NO. 17: New Business (Any matter not known about or which could 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: Citizens’ Comments (A three minute limit per person) (A ten minute limit per topic)

There were no Citizen’s Comments.

AGENDA ITEM NO. 20: Commissioners Comments

*Commissioner Stephens wished everyone a Merry Christmas and congratulated Mayor Mills on his recent “Citizen of the Year” recognition from the Kiwanis Civic Club.

*Mayor Mills congratulated City Manager Jim Collard on attaining is PhD degree.
*Vice Mayor Peterson asked if she and other commissioners could e-mail information for Commissioner O’Neal to City Manager Assistant Toni Gray so she could provide those e-mails to Ms. O’Neal. It was agreed that this was acceptable.

AGENDA ITEM NO. 21: Adjournment
There being no further business to be considered, a motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that the meeting be adjourned. Motion carried 5-1. (8:19 p.m.)

AYE: Peterson, O’Neal, Mills, Daugherty, Stephens
NAY: Schrzan

_____________________________
CHUCK MILLS, MAYOR

(SEAL)

ATTEST:
_______________________________
PHYLLIS LOFTIS, DEPUTY
FOR DIANA HALLOCK, CITY CLERK



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