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, August 18, 2008 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-Vice Mayor Commissioner Ward 2
Marva O’Neal Billy Collier
Commissioner Ward 3 Commissioner Ward 4
Linda Peterson Carl Holt
Commissioner Ward 5 Commissioner Ward 6
ABSENT: NONE
INVOCATION Rev. Tim Sean Youmans
First Baptist Church
FLAG SALUTE Mayor Mills
AGENDA ITEM NO. 1: Consider approval of Agenda:
A motion was made by Commissioner Peterson, seconded by Commissioner Holt, to pull Agenda Item No. 18, Commissioner Comments, to be considered before Agenda Item 16. Motion carried 7-0.
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. 13.
b. Minutes from the August 4, 2008 meeting.
c. Transfer of Appropriations Between Departments – Capital Improvement Fund – Driving simulator
d. Authorize Police Department to purchase Driving Simulator.
e. Acknowledge the following reports and minutes:
• Shawnee Beautification Committee minutes from July 10, 2008
• Planning Commission minutes from July 2, 2008
• Project Payment Report for July 2008
• License Payment Report for July 2008
• Sales Tax Report through August 2008
f. Acknowledge Pottawatomie County Election Board Certification of Primary Election results from July 29, 2008
g. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for David Loman.
h. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Brian Koons.
i. Confirm Interim City Manager’s hiring of Justin Erickson as Planning Director.
j. Authorize staff to advertise for bids to repair manhole on South Beard.
k. Mayor’ appointment of Vice-Mayor Pam Stephens to replace Commissioner Marva O’Neal on the Shawnee Economic Development Foundation.
Before voting on the Consent Agenda, Commissioner Holt requested that Agenda Item No. 2(d) be pulled for separate consideration. Also, Interim City Manager Phyllis Loftis requested Agenda Item No. 2(i) be pulled and Commissioner Schrzan requested that Agenda Item No. 2(k), be pulled as well.
A motion was made by Commissioner Holt, seconded by Commissioner Peterson, to approve Consent Agenda Item No. 2 (a-j), less (d, i, and k). Motion carried 7-0.
Under Agenda Item No. 2 (d), Authorize Police Department to purchase Driving Simulator. Chief Bill Mathis explained that the simulator would provide valuable driving instructions for the Police Department as well as other agencies. He also explained that funding of $30,000 would be provided from REACT and $10,000 from Oklahoma Municipal Assurance Group.
A motion was made by Commissioner Holt, seconded by Commissioner O’Neal, to authorize Police Department to purchase Driving Simulator. Motion carried 7-0.
Interim City Manager Phyllis Loftis introduced Justin Erickson to the Commission and the public and welcomed him to Shawnee.
In consideration of Agenda Item No. 2 (i), a motion was made by Vice Mayor Stephens, seconded by Commissioner Schrzan, to approve the hiring of new Community Development Director Justin Erickson. Motion carried 7-0.
Under Agenda Item No. 2(k), Commissioner Schrzan asked Commissioner O’Neal if she had been asked to step down from the Shawnee Economic Development Foundation to be replaced by Vice Mayor Stephens. Commissioner O’Neal confirmed and stated that Vice Mayor Stephens would be a good addition to the board.
AGENDA ITEM NO. 3: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)
Warren Rutherford questioned the proposed water agreement with the PCDA and the City of Tecumseh and where exactly the raw water line is defined. He suggested putting a tap at the water treatment for Tecumseh to access the raw water and charge a tariff.
James Harrod questioned Agenda Item No. 12 on selection of City Manager. He would like for the commission to wait until the new commissioners and mayor are in place to make any decision.
Rocky Barrett, Chairman of the Citizens Potawatomi Nation, offered involvement and assistance in any change in the intersection of Farrell and Beard and making Beard four-lane from that intersection to the river bridge.
AGENDA ITEM NO. 4: Presentation by Interim City Manager to Employee of the Month, Don Lynch – Emergency Management Director.
Interim City Manager Phyllis Loftis presented a plaque and gift certificate to Don Lynch, Emergency Management Director, as the August employee of the month, in recognition of his excellent service and dedication to the City of Shawnee. Mr. Lynch was present to accept.
AGENDA ITEM NO. 5: Presentation on "Ensuring Oklahoma's Rail Transit Future" by Marion Hutchison representing OnTrac (Oklahomans for New Transportation Alternative Coalition).
Marion Hutchison, of OnTrac (Oklahomans for New Transportation Alternative Coalition), gave a power point presentation on an effort to save the Union Station railway hub in Oklahoma City. Current plans are to move I-40 to this area and lose rail lines that could become a source of transportation in Central Oklahoma and outlying areas. He requested a Resolution of Support from the City of Shawnee to Governor Brad Henry for this effort. Commissioner Peterson inquired about public meetings of OnTrac and about membership. Mr. Hutchison advised the executive board encouraged use of their web site for current information and membership information.
AGENDA ITEM NO. 6: A public hearing and consider an ordinance rezoning property located at 712 E. Highland from R-1; Residential and C-3; Automotive, Commercial and Recreation to a Planned Unit Development for use as a car lot/sales.
(Applicant: John Weger) Case #P01-08 Deferred from July 7, 2008
Report was given and it was requested that this item be deferred until September 15th City Commission meeting, as the Planning Commission has deferred further action until their meeting on September 3rd.
A motion was made by Commissioner Holt, seconded by Commissioner Collier, to defer rezoning property located at 712 E. Highland for use as a car lot/sales until September 15th City Commission meeting. Motion carried 6-0-1.
AGENDA ITEM NO. 7: A public hearing and consider an ordinance rezoning property located at 5629 N. Harrison from A-1; Agricultural and I-1; Light Industrial to C-1P; Neighborhood Commercial with a Conditional Use Permit to allow for a mini-storage. (Applicant: Robert Woodmore) Case #P25-08
Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 5629 N. Harrison to allow for a mini-storage.
Mayor Mills 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 site is currently vacant and located just south of the Sac and Fox Casino on Westech Road and is designated as Commercial. Staff considers the proposed zoning district, C-1P, to be in general conformance with the guidelines of the Comprehensive Plan. Staff recommends approval of the request to rezone this property from A-1 Rural Agricultural District and l-1; Light Industrial to C-1P; Neighborhood Commercial District with a Conditional Use Permit for Mini-Storage with the following Technical Issues a-c being met.
Technical Considerations:
a. Property will have to be platted prior to receiving a building permit.
b. Sidewalks will be required as part of any development along Westech Road or Harrison.
c. Right-of-way may be required along Harrison or Westech as part of any platting process.
No others appeared and the public hearing was closed.
Ordinance No. 2367NS was introduced and read aloud.
ORDINANCE NO. 2367NS 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 AS BEGINNING AT A POINT 411 FEET EAST OF THE NORTHWEST CORNER OF THE NORTHWEST QUARTER (NW/4) OF SECTION THIRTY-TWO (32), TOWNSHIP ELEVEN (11) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTAWATOMIE COUNTY, OKLAHOMA; THENCE SOUTH 156 FEET; THENCE EAST 50 FEET; THENCE SOUTH 222 FEET; THENCE EAST 230.5 FEET; THENCE NORTH 378 FEET; THENCE WEST 280.5 FEET TO THE POINT OF BEGINNING.
AND
A TRACT OF LAND DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER (NW/4) OF SECTION THIRTY-TWO (32), TOWNSHIP ELEVEN (11) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE SOUTH 156 FEET; THENCE EAST 411 FEET; THENCE NORTH 156 FEET; THENCE WEST 411 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL DISTRICT AND I-1; LIGHT INDUSTRIAL TO C-1P; NEIGHBORHOOD COMMERCIAL WITH CONDITIONAL USE PERMIT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.
A motion was made by Commissioner Schrzan, seconded by Commissioner Collier, that the Title and Ordinance No. 2367NS be approved. Motion carried 7-0.
Thereupon Mayor Mills declared Ordinance No. 2367NS duly passed and adopted.
AGENDA ITEM NO. 8: A public hearing and consider an ordinance rezoning property located at 14108 Acme Road from C-3; Automotive, Commercial and Recreation to C-3P; Automotive, Commercial and Recreation with a Conditional Use Permit to allow for the sale of beer for off premise consumption. (Applicant: Mirza Beg obo A & B Stores Inc.) Case #P26-08
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 14108 Acme Road to allow for the sale of beer for off premise consumption.
Mayor Mills asked if any person wished to appear in favor of or in protest of the permit.
Staff report was given and it was noted that the proposed area is the current location of a convenience store and gasoline station. The site also has another retail and restaurant building just north east of the convenience store. The convenience store previously sold beer for off-premise consumption. A CUP was approved in April of 2007. The store owners/operators have changed and therefore must apply for a conditional use permit to continue to sale beer for off-site consumption. Staff recommends approval at this location under the following conditions:
1. Approval should be conditioned upon all required state and local permits being received by the new store owners.
2. Approval should be conditioned upon the permit to sell beer for off-premise consumption being limited to the one existing convenience store located at 14108 Acme Road.
No others appeared and no written protest was filed with the City Clerk’s office.
Ordinance No. 2368NS was introduced and read aloud.
ORDINANCE NO. 2368NS 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, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 831.89 FEET S00º20’41”W OF THE NORTHEAST CORNER OF THE SAID NORTHEAST QUARTER (NE/4); THENCE S0031º20’41”W FOR A DISTANCE OF 352.39 FEET; THENCE N50º08’45”W A DISTANCE OF 365.30 FEET; THENCE N31º25’17”E FOR A DISTANCE OF 141.68 FEET; THENCE S89º16’51”E; FOR A DISTANCE OF 208.71 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM C-3 ; AUTOMOTIVE, COMMERCIAL & RECREATIONAL TO C-3P; AUTOMOTIVE, 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 Peterson, seconded by Commissioner Collier, that the Title and Ordinance No. 2368NS be approved. Motion carried 7-0.
Thereupon Mayor Mills declared Ordinance No. 2368NS duly passed and adopted.
AGENDA ITEM NO. 9: Consider approval of the preliminary plat for Shawnee Mall Subdivision Section 3 located East of Kickapoo on I-40 frontage. (Applicant: SMC Consulting Engineers P.C.) Case #S19-08
Staff report was given and it was noted that this overall land use proposal and Preliminary Plat is in conformance with the Comprehensive Plan and the approved PUD. Staff recommends approval of the Preliminary Plat of Shawnee Mall Subdivision Section 3 subject to the following Technical Considerations 1-6:
TECHNICAL CONSIDERATIONS:
1. Drainage, Public Utilities. The City Engineer is reviewing the drainage information submitted with this application
2. Utility Easements. There are several utilities (gas/electrical) on the preliminary plat that do not show the proper information for existing utility easements. All exiting easements should be shown by Book and Page.
3. Cross Access Agreements. Book and Page numbers for cross access agreements providing access to these lots should show on the final plat through recorded covenants and restrictions or other type of filed document
4. Parking Space Study. Referencing the PUD document, (shared parking for these 3 tracts and Lots 2 and 8 of Block A Shawnee Mall), prior to receiving a building permit, the applicant must show by number and graphically that the parking requirements for any new building permit application meets the City’s parking requirements.
5. Off-Site Shared Parking Reserve Area. Off-site shared parking spaces may be counted toward the required number of parking spaces needed for each lot within this Planned Unit Developments. Off-site shared parking is permitted in order to comply with parking requirements. Off-site shared parking is further limited to the boundaries of Lots 2 and 8 of Block A of the Shawnee Mall Subdivision plat. Offsite shared parking spaces must be designated by the applicant on the Preliminary and Final Plat as the “Shared Parking Easement.” These areas must be protected from construction of any above ground permanent obstructions and structures.
6. Traffic Study. The PUD requires that, prior to receiving a building permit, the developer must complete a Traffic Impact Analysis of the proposed developments. Because such a study may identify traffic improvements necessary for this development, the Planning and Engineering staff request this study be complete prior to any Final Plat being filed. If any improvements are identified as necessary or directly impact development issues related to this subdivision, this Preliminary Plat (or subsequent Final Plat) may be brought back to the Planning Commission for further consideration.
A motion was made by Commissioner Schrzan, seconded by Commissioner Peterson, to approve the preliminary plat for Shawnee Mall subdivision Section 3 with Technical Considerations 1-6. Motion carried 7-0.
AGENDA ITEM NO. 10: Consider approval of the final plat for Shawnee Mall Subdivision Section 3 located East of Kickapoo on I-40 frontage. (Applicant: SMC Consulting Engineers P.C.) Case #S20-08
Staff recommends approval of the final plat of Shawnee Mall Subdivision Section 3 subject to Technical Considerations 1-7.
TECHNICAL ISSUES
1. Drainage, Public Utilities. The City Engineer is reviewing the drainage information submitted with this application.
2. Utility Easements. There are several utilities (gas/electrical) on the preliminary plat that do not show the proper information for exiting utility easements. All existing easements should be shown by Book and Page on the Final Plat.
3. Cross Access Agreements. Book and Page numbers for cross access agreements providing access to these lots should show on the Final Plat through recorded covenants and restrictions or other type of filed document.
4. Parking Space Study. Referencing the PUD document (shared parking for these 3 tracts and Lots 2 and 8 of Block A Shawnee Mall), prior to receiving a building permit, the applicant must show by number and graphically that the parking requirements for any new building permit application meets the City’s parking requirements.
5. Off-Site Shared Parking Reserve Area. Off-site shared parking spaces may be counted toward the required number of parking spaces needed for each lot within this Planned Unit Development. Off-site shared parking is permitted in order to comply with parking requirements. Off-site shared parking is further limited to the boundaries of Lots 2 and 8 of Block A of the Shawnee Mall Subdivision plat. Offsite shared parking spaces must be designated by the applicant on the Preliminary and Final Plat as the “Shared Parking Easement.” These areas must be protected from construction of any above ground permanent obstructions and structures.
6. Traffic Study. The PUD requires that, prior to receiving a building permit, the developer must complete a Traffic Impact Analysis of the proposed development. Because such a study may identify traffic improvements necessary for this development, the Planning and Engineering staff request this study be complete prior to any Final Plat being filed. If any improvements are identified as necessary or directly impact development related to this subdivision, this Final Plat may be brought back to the Planning Commission (or City Commission) for further consideration.
7. Final Plat document. Change “City Council” to “City Commission” on Dedication Acceptance note.
A motion was made by Commissioner Peterson, seconded by Commissioner O’Neal, to approve of the final plat for Shawnee Mall Subdivision Section 3 with Technical Considerations 1-7. Motion carried 0-0.
AGENDA ITEM NO. 11: Consider acceptance of Woodson Garden Phase II improvements, ie, water, sewer and paving, and placing Maintenance Bonds into effect.
A motion was made by Commissioner Peterson, seconded by Commissioner Holt, to approve Woodson Garden Phase II improvements and place maintenance bonds into effect. Motion carried 7-0.
AGENDA ITEM NO. 12: Discuss procedure to be used in the selection of a City Manager.
A motion was made by Vice Mayor Stephens, seconded by Commissioner Schrzan, to have a Special Call meeting Thursday August 28 at the Community Center at 6:30 p.m. to have discussion regarding qualifications and criteria for selection of candidates for city manager with input from city commission and mayor and commission candidates and an informal public forum for input from interested citizens.
Motion carried 7-0.
AYE: Stephens, Schrzan, O’Neal, Mills, Collier, Peterson, Holt
NAY: None
AGENDA ITEM NO. 13: Consider Bids:
a. Repair of Outfall Line – Southside Plant (Award)
A motion was made by Commissioner Collier, seconded by Commissioner Holt, to award Repair of Outfall Line-Southside Plant to Urban Contractors, Inc., Oklahoma City, in the total bid amount of $92,734.00 as the lowest and best bid. Motion carried 7-0.
AGENDA ITEM NO. 14: 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. 15: Administrative Reports
John Krywicki, city engineer, reported on road repairs around the lake. They are currently looking for engineering studies done many years ago. Some work was done around the lake when the water level was low but now water has come back up and washed away some of the material. He, also, presented a map of street repairs in progress and upcoming projects.
THE COMMISSION DEVIATE FROM THE WRITTEN AGENDA TO CONSIDER AGENDA ITEM NO. 18
AGENDA ITEM NO. 18: Commissioners Comments
Commissioner Holt commended a program attended by he and two other commissioners the day before at the Fresh Fire Outreach and commented that anyone who missed it, really missed something.
Mayor Mills wanted to acknowledge what a wonderful job the Parks Department was doing with only nine employees to cover 1,205 acres, 29 parks, maintenance on five buildings and seven parking lots. These same nine employees are responsible for setting up outside activities. The Mayor wanted to let James Bryce and his staff know what a great job they are doing.
Vice-Mayor Stephens wanted to remind everyone to slow down in neighborhoods since more children are walking to school.
Commissioner Holt remarked he had received many phone calls about sidewalks, especially since so many are having to walk to school.
Commissioner Peterson reported on the Senior Citizens Center upgrading the air conditioning with bigger units than the city had budgeted for the center. Some of the additional funding came from their own funds collected. The 1% county sales tax helps support the Senior Center and the Community Center. The commission should be receiving a collections/expenditures report on a regular basis. Also, drinking water reports came out in the last billing. The TOC amounts reported are on rolling quarters and should go down on the next report. Commission Peterson requested a report to the commission on the complaints received by the city on Allied Waste. She also reported on the progress made on the water contract between Shawnee, Tecumseh and PCDA since the meeting in June.
CITY COMMISSION NOW RETURNS TO FORMAL AGENDA
AGENDA ITEM NO. 16: Consider an Executive Session regarding negotiations with International Union of Police Associations, Local No. 3 for FY 08-09 pursuant to 25 O.S.§307 (B)(2) and regarding negotiations with International Association of Firefighters, Local No. 1628 for FY 08-09 pursuant to 25 O.S. §307 (B)(2).
A motion was made by Commissioner Holt, seconded by Commissioner O’Neal, to enter into Executive Session regarding negotiations with International Union of Police Associations Local No. 3 for FY 08-09 pursuant to 25 O.S.§307 (B)(2) and regarding negotiations with International Association of Firefighters, Local No. 1628 for FY 08-09 pursuant to 25 O.S. §307 (B)(2). Motion carried 6-1.
CITY COMMISSION NOW IN EXECUTIVE SESSION AT 8:51 P.M.
CITY COMMISSION RECONVENED IN REGULAR SESSION AT 9:18 P.M. WITH COMMISSIONER SCHRZAN NOT PRESENT
AGENDA ITEM NO. 17: Consider matters discussed in Executive Session regarding negotiations with International Union of Police Associations, Local No. 3 for FY 08-09 pursuant to 25 O.S.§307 (B)(2) and regarding negotiations with International Association of Firefighters, Local No. 1628 for FY 08-09 pursuant to 25 O.S. §307 (B)(2).
Matt Love, City of Shawnee Labor Attorney, explained all rules covered by the contracts for the Police Department and Fire Department have expired with the expiration of the separate contracts, which ended June 30, 2008. With no work rules in place until there is a new agreement, there is no protection for the police officers and firefighters for monetary and non-monetary compensation. The union representatives have not made a request to continue with the rules in place on a temporary basis until a new agreement has been reached. The Chief of Police and Fire Chief have asked that the previous work rules remain on a temporary basis until a new agreement has been reached, for the protection of their employees.
A motion was made by Commissioner Peterson, seconded by Vice Mayor Stephens, to adopt on a temporary basis all previous provisions as work rules pending new agreement with the International Union of Police and Firefighters Associations. Motion carried 6-0.
There being no further business to be considered, a motion was made by Commissioner Holt, seconded by Commissioner O’Neal, that the meeting be adjourned.
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