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Date: 9/17/2007Board: City CommissionDocumentType: MinutesWeb Posted: 10/4/2007 8:46:52 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
SEPTEMBER 17, 2007 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, September 17, 2007 at 6:30 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’Neil Timmy Young
Commissioner Ward 3 Commissioner Ward 4

ABSENT: Linda Peterson
Commissioner Ward 5-Vice Mayor

VACANT: Commissioner Ward 6

INVOCATION Reverend Leroy Kerbo

FLAG SALUTE Mayor Mills

AGENDA ITEM NO. 1: Consider approval of Agenda:

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

AYE: Young, Schrzan, O’Neal, Mills, 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.20.

b. Minutes from the September 4, 2007 meeting.

c. Budget Amendments in Home Rehab Income Program, 2002 CDBG Entitlement Grant Fund, 2003 CDBG Entitlement Grant Fund, Economic Development Fund, Shawnee Airport Authority Fund, and General Fund.

d. Acknowledge the following reports and minutes:

• Traffic Commission minutes from the June 26, 2007 meeting

• Shawnee Urban Renewal Authority minutes from the August 21, 2007 meeting

• Planning Commission minutes from the August 1, 2007 meeting


e. Lakesite Lease:
TRANSFER:
Lot 4, South School Tract

To: R. & M. Legrande
From: B. & M. Carter

f. Approve October 30, 2007 from 5:30 p.m. to 8:30 p.m. as Trick-or-Treat night in the City of Shawnee.

g. Approve contract with Independent School District I-93 for the placement of police officers at middle school and high school campuses.

h. Authorize staff to purchase from state contract two (2) extended cab ½ -ton four-wheel drive pickups, one for the Street Department and one for the Traffic Department.

i. Authorize staff to purchase from state contract two (2) Ford Explorer four-wheel drive vehicles with police equipment for the Police Department.

j. Authorize staff to purchase from state contract a cab and chassis for Fire Department brush pumper truck.

k. Acknowledge Award of Financial Reporting Achievement from the Government Finance Officers Association of the United States and Canada to the City of Shawnee Finance Department.

l. Acknowledge Declaration of Gifts to the Shawnee Police Department
• Renee Brewer on behalf of the Citizen Potawatomi Nation - $300.00 Staples Gift Card which will be used for items needed at the Shawnee Mall Substation.
• SPD Sergeant Rick Greenland, CEO of Oklahoma K-9 Academy LLC for his donation of “Rex” police service dog which was delivered to Officer John Goss along with 80 hours of initial handler training and certification.

m. Mayor’s Appointment:
Robert Cash to Beautification Committee

A motion was made by Commissioner Schrzan, seconded by Commissioner Young, to approve the Consent Agenda as presented. Motion carried 5-0.

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

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

Under Citizens Participation, Mr. Tom Claybrook stated to commissioners that seven years ago a decent sports facility was promised to the citizens of Shawnee and he urged them not to renege on that promise.

Mr. Trey Davis spoke regarding the new construction of St. John’s Lutheran Church at 3610 N. Union. Mr. Davis explained that a group of Mission Builders travel the country and help with the construction of churches. These workers live in recreational vehicles at the building site during construction. Mr. Davis asked for a waiver that would allow those workers to tap into City water and sewer lines for the duration of the building process.

Mr. Arnold Davis also spoke regarding the construction of this church. He stated the Planning Department needs to either approve or disapprove the building permit so that they can move forward.

Ms. Jeanetta Townes spoke regarding her displeasure with Allied Waste, and their failure to pick up a polycart in her neighborhood. She stated that instead of Allied “red tagging” polycarts for non-compliance, the City should “red tag” Allied Waste.

Mr. James Graham, 30 E. Severn, appeared before the Commission regarding the flooding at his home. He stated that his basement and garage had been flooded three times this year, damaging $5,000 in wood stored there.

Mr. Charles George, 124 Meadows Lane, also spoke regarding flooding, stating that he had been flooded four times this year. He has replaced baseboards and carpets. He stated the City has known about this problem for twenty-five years.

AGENDA ITEM NO. 4: Mayor’s Proclamation and Presentation:

• “State of Oklahoma Centennial”
September 21-22, 2007
(accepted by Ann Davis)

• Presentation of State of Oklahoma Centennial commemorative egg by Rod Hopper

• Certificate for retiring Airport Advisory Board members.
Don Dudley
Jim Taheri
Wes Mainord
Ron Davis
Terry Toole

(those present to accept were Terry Toole, Jim Taheri and Wes Mainord)

• “Employee Appreciation Week”
September 23 – 29, 2007
(accepted by Kellie Howard, Personnel Director)

AGENDA ITEM NO. 5: City Manager’s presentation of Employee of the Month to Terry Cook, Safety Officer.

City Manager Jim Collard presented a plaque and certificate to Terry Cook, Safety Officer, as the September employee of the month, in recognition of his excellent dedication to the City of Shawnee. Mr. Cook was present to accept.

AGENDA ITEM NO. 6: Consider conducting interview with applicant Carl Holt for Ward Six Commission seat.

Prior to considering this item, Commissioner Schrzan stated that he would prefer the Commission not fill the Ward Six seat, but call for a special election to let the people decide. Mayor Mills argued that the citizens of Ward Six deserve representation now and that it would place a financial burden on the City to pay for a special election. Commission Schrzan made a motion not to consider Mr. Holt at this time. Motion died for lack of a second.
City Attorney John Canavan informed the Commission that the Charter states that the Commission shall fill the seat. He advised that the Commission must at least make an attempt to fill the seat. In the event there are not enough aye votes to consider interviewing Mr. Holt, then the options are to either re-advertise the ward vacancy or call for a special election.
After a lengthy conversation, Commissioner Stephens made a motion, seconded by Commissioner Young, to conduct an interview with the applicant Carl Holt. Motion carried 5-0.

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

Ward Six candidate Carl Holt was present and was given time to make a statement regarding his qualifications for the position. He stated he has had a long interest in city government and has served previously on the Airport Advisory Board. Mr. Holt currently serves on the Traffic Commission. Upon questioning by the Commission, Mr. Holt cited water issues and increased economic development as the greatest needs of the City.

AGENDA ITEM NO. 7: Discuss and consider appointing Ward Six Commissioner.

A motion was made by Commissioner Young, seconded by Commissioner Schrzan, to appoint Carl Holt as Ward 6 Commissioner. Motion carried 5-0.

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

It was noted that Carl Holt would be sworn in as Ward 6 Commissioner on October 1, 2007.

AGENDA ITEM NO. 8: Public hearing and consider an ordinance to rezone property located at 2610 N. Park from C-2; Suburban Office District to R-3; Multi-Family District for use as four-plex housing. (Applicant: Westchester Development o/b/o Joe’s Rentals, LLC)

Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 2610 N. Park for use as four-plex housing.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning request.
The staff report was given and it was noted that the Planning Commission recommended approval of the rezoning to multi-family dwelling. All development requirements of setbacks, coverage, fencing, parking and landscaping have been met.
No formal written protests have been filed. Mike Little of Westchester Development was present to answer any questions. No others appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2326NS was introduced and the title read aloud.

ORDINANCE NO. 2326 NS ENTITLED “AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OFJ SHAWNEE, POTTAWATOMIE COUNTY, THIRTY-FOUR (34) AND THIRTY-FIVE (35), BLOCK SIX (6), ROSE GARDEN ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE CUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF REZONING SAID PROPERTY FROM C-2; SUBURBAN OFFICE TO R-3; MULTI FAMILY DWELLING; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Stephens, seconded by Commissioner O’Neal, that the Title and Ordinance No. 2326NS be approved. Motion carried 5-0.

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

Thereupon Mayor Mills declared Ordinance No. 2326 NS duly passed and adopted.

AGENDA ITEM NO. 9: Public hearing and consider an ordinance to rezone property located at 2524 N. Harrison from R-3; Multi-Family and C-3; Automotive, Commercial & Recreation to R-3P; Mutli-Family with a Conditional Use Permit to allow for a mobile home park. (Applicant: Norman L. Bybee o/b/o J.P.R. Investments)

Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 2524 N. Harrison with a Conditional Use Permit to allow for a mobile home park.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning request.
Staff reported that the site is an established mobile home park. In the late 1990’s a portion of the site was zoned C-3 to allow mobile home sales. There are 6 vacant mobile home pads in the land area currently zoned C-3. This request brings the entire site into compliance with the current Zoning Code which permits mobile home parks as a Conditional Use. The Staff recommends approval of the request to rezone and recommends approval of the Conditional Use Permit to operate a Mobile Home Park.
No one appeared in opposition of the proposed ordinance and the public hearing was closed.
Mr. Norman Bybee, applicant, was present to answer any questions. In response to a question from Commissioner Stephens, Mr. Bybee indicated that no children will be living in the mobile homes placed closest to Harrison Street. Mr. Bybee also agreed to supply trees along the front to soften the entrance.
After due and careful consideration, Ordinance 2327NS was introduced and the title read aloud.

ORDINANCE NO. 2327NS 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 DESCRIBED AS BEGINNING AT A POINT 516 FEET SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE/4) OF SECTION 7, TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE SOUTH 165 FEET; THENCE WEST 363 FEET; THENCE SOUTH 619 FEET; THENCE WEST 972 FEET TO THE A.T. & S.F. RAILROAD RIGHT-OF-WAY; THENCE NORTHEASTERLY 900 FEET; THENCE EAST 841 FEET, THENCE SOUTH 116 FEET; THENCE EAST 363 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM R-3; MULTI FAMILY DWELLING AND C-3 AUTOMOTIVE, COMMERCIAL & RECREATIONAL TO R-3P; MULTI FAMILY DWELLING WITH CONDITIONAL USE PERMIT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Stephens, seconded by Commissioner Schrzan, that the Title and Ordinance No. 2327NS be approved. Motion carried 5-0.

AYE: Stephens, Schrzan, O’Neal, Mills, Young
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2327NS duly passed and adopted.

AGENDA ITEM NO. 10: Public hearing and consider an ordinance rezoning property from C-3; Automotive, Commercial & Recreational to C-3P; Automotive, Commercial & Recreational with a Conditional Use Permit for property located at 9 W. Farrell to allow for the sale of beer & alcohol for off premise consumption in C-3; Automotive, Commercial & Recreation District. (Applicant: George Davis)

Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 9 W. Farrell to allow for the sale of beer & alcohol for off premise consumption.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning. There were several protests filed by residents, property owners, and churches. Mr. Hiram Ryan appeared in opposition of this request citing current drug and liquor problems in the area as reasons for opposition. Mr. Ryan stressed they would welcome new business in their community, but not this type of business. It was further noted that this proposed use was not consistent with the Dunbar Heights Revitalization Plan.
It was noted the Planning Commission recommended denial of the request to operate a liquor and beer store at this location.
No others appeared and the public hearing was closed.
After due and careful consideration, a motion was made by Commissioner Young, seconded by Commissioner O’Neal, to deny the request for the sale of beer and alcohol for off premise consumption located at 9 W. Farrell. Motion carried 5-0.

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

AGENDA ITEM NO. 11: Public hearing and consider an ordinance to rezone property located at 3922 N. Kickapoo from R-1; Single Family Residential to C-1; Neighborhood Commercial for software development office. (Applicant: Gene Estep)

Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 3922 N. Kickapoo for software development office.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning.
The Planning Commission recommends approval and this request conforms to the Comprehensive Plan.
No one appeared in protest of this request and the public hearing was closed.

Ordinance No. 2328NS was introduced and read into record.

ORDINANCE NO. 2328NS 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: LOT FOUR (4), BLOCK ONE (1), COLLEGE VIEW ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED 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.”

A motion was made by Commissioner Stephens, seconded by Commissioner Schrzan, that the Title and Ordinance No. 2328NS be approved. Motion carried 5-0.

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

Thereupon Mayor Mills declared Ordinance No. 2328NS duly passed and adopted.

AGENDA ITEM NO. 12: Public hearing and consider an ordinance to rezone property located at 722 N. Harrison from C-1; Neighborhood Commercial to C-3P; Automotive, Commercial & Recreation District with a Conditional Use Permit to allow for a tattoo studio. (Applicant: Louis Hosino)

Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 722 N. Harrison with a Conditional Use Permit to allow for a tattoo studio.
Mayor Mills asked if any person wished to appear in favor of or in protest of the rezoning.
Applicant Louis Hosino, who is a licensed tattoo artist and owner of the studio, appeared on behalf of his request. It was noted that the State of Oklahoma legalized tattoo studios in November of 2006, and Mr. Hosino was instrumental in the passage of that legislation. No others appeared and the public hearing was closed.
The Planning Commission recommended approval of this application.
A motion was made by Commissioner Schrzan, seconded by Commissioner Stephens, to approve the rezoning request. Motion failed 3-1.

COMMISSIONER O’NEAL NOT PRESENT FOR VOTE

AYE: Schrzan, Stephens, Mills
NAY: Young

COMMISSIONER O’NEAL NOW PRESENT

In an effort to allow Commissioner O’Neal the opportunity to vote on this issue, Commissioner Young made a motion to reconsider the vote taken on this rezoning request. Commissioner Stephens seconded the motion to reconsider. Motion carried 5-0.

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

A motion was then made by Commissioner Stephens, seconded by Commissioner Schrzan to approve the ordinance rezoning the property located at 722 N. Harrison for use as a tattoo studio. Motion fails 3-2.

AYE: Stephens, Schrzan, Mills
NAY: O’Neal, Young

AGENDA ITEM NO. 13: Consider approval of the Final Plat for Woodsong Garden Phase II located East of 45th between Harrison & Bryan. (Applicant: Bryant Development)

A motion was made by Commissioner Schrzan, seconded by Commissioner Young, to approve of the Final Plat for Woodsong Garden Phase II located east of 45th between Harrison and Bryan. Motion carried 5-0.

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

AGENDA ITEM NO. 14: Discussion regarding priorities relating to major city projects.

This item was placed on the agenda at the request of Vice Mayor Peterson. It was the consensus of the members present to defer this item until all Commissioners are present.

AGENDA ITEM NO. 15: Consider approval of engineering services contract for airport improvement projects at Shawnee Regional Airport.

Authorization was given at the September 4, 2007 meeting to select an engineering consulting firm and negotiate an engineering service contract. Assistant Airport Manager Jerry Sharp stated that four firms were interviewed and staff recommends the approval of a “Retainer Services Contract” with LBR, Inc. Total cost for these engineering services will be $55,510.00. The FAA will contribute $49,959.00 and the City will be responsible for $5,551.00.
A motion was made by Commissioner Stephens, seconded by Commissioner O’Neal, to approve the engineering services contract with LBR, Inc. Motion carried 5-0.

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

AGENDA ITEM NO. 16: Discuss and consider increasing the percentage of funds allocated to economic development from the 7/8 penny sales tax. (Deferred from 8/20/07)

The Shawnee Economic Development Foundation has requested additional time in which to prepare a budget and report of economic needs regarding the possible increase in funding percentage. The Commission tabled this item until the SEDF is ready for this discussion.

AGENDA ITEM NO. 17: Consider an amendment to Ordinance No. 2247NS regarding sidewalks. (Continued from 8/20/07)

A motion was made by Commissioner Stephens, seconded by Commissioner O’Neal, to defer consideration of an amendment to Ordinance No. 2247NS regarding sidewalks until the October 1, 2007 meeting. Motion carried 5-0.

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

AGENDA ITEM NO. 18: Approve a resolution changing the name of “Woodland Park” to “Woodland Veterans’ Park”.

Resolution No. 6315 was introduced and the title read:

A RESOLUTION CHANGING THE NAME OF “WOODLAND PARK” TO “WOODLAND VETERANS PARK”; AMENDING SECTION 1 OF RESOLUTION NO. 5957 AS IT RELATES TO THE PARK NAME “WOODLAND”, LOCATED AT HIGHLAND AND BROADWAY.”

A motion was made by Commissioner Schrzan, seconded by Commissioner Stephens, that the title and Resolution No. 6315 be approved changing the name of “Woodland Park” to “Woodland Veteran’s Park”. Motion carried 5-0.

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

AGENDA ITEM NO. 19: Consider work session regarding storm water drainage management.

A “Special Call” work session regarding storm water drainage management has been set for October 22, 2007 at 6:30 p.m.

AGENDA ITEM NO. 20: Consider bids:

a. Edwards/Whitaker culvert replacement (Award)

A motion was made by Commissioner Stephens, seconded by Commissioner O’Neal, that the Edwards/Whitaker culvert replacement project bid be awarded to Westchester Development, Shawnee, Oklahoma, in the amount of $110,809.16 with funding to be taken from the Street Improvement Fund. Motion carried 5-0.

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

b. Country Club Lift Rehab (Open)

BIDDER AMOUNT

Slattery Construction
Woodward, Oklahoma $257,599.00

Bowen Construction
Oklahoma City, Oklahoma $267,430.00

Jordan Construction
Tecumseh, Oklahoma $230,263.00

Ron Welcher Construction
Sapulpa, Oklahoma $188,790.00

A motion was made by Commissioner Stephens, seconded by Commissioner O’Neal, that the bid for Country Club Lift Rehab project be deferred to staff for review and recommendation at the October 1, 2007 meeting. Motion carried 5-0.

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

c. Westech Road Widening (Open)

BIDDER AMOUNT

CGC, LLC
Purcell, Oklahoma $661,945.00

A motion was made by Commissioner Schrzan, seconded by Commissioner Young, that the bid for Westech Road Widening project be deferred to staff for review and recommendation at the October 15, 2007 City Commission meeting. Motion carried 5-0.

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

AGENDA ITEM NO. 21: 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. 22: Administrative Reports

Under Administrative Reports, City Manager Jim Collard announced that September 24, 2007 at 6:30 p.m. there will be a “Special Call” work session to consider Fire Codes, Building Codes, and Development Codes with City and Planning Commission.
Dr. Collard also spoke of the recent Oklahoma Municipal League conference in Tulsa, and was specifically pleased with the discussion of tribal and municipal issues.
Commissioner Pam Stephens asked for staff to provide, at the October 1, 2007 meeting, a break-down of citizen complaints regarding Allied Waste and also information on what the City is doing to correct the problems.

AGENDA ITEM NO. 23: Commissioners Comments

Under Commissioners Comments, Mayor Mills showed a picture of the sign on the Vo-Tech training facility building at Shawnee Regional Airport welcoming visitors to Shawnee.
The Mayor also gave a schedule of Centennial events to be held Friday and Saturday in Shawnee.
Commissioner O’Neal complained of the lighting in Commission Chambers and requested better lighting in the future.

AGENDA ITEM NO. 24: Adjournment

There being no further business to be considered, a motion was made by Commissioner Schrzan, seconded by Commissioner Stephens, that the meeting be adjourned. Motion carried 5-0. (9:06 p.m.)

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



_________________________
CHUCK MILLS, MAYOR
(SEAL)

ATTEST:
________________________________
PHYLLIS LOFTIS, CITY CLERK




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