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| Date: 2/17/2009 | Board: City Commission | DocumentType: Minutes | Web Posted: 3/3/2009 9:02:33 AM |
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
FEBRUARY 17, 2009 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, Tuesday, February 17, 2009 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
John Winterringer Carl Holt
Commissioner Ward 5 Commissioner Ward 6
ABSENT:
INVOCATION REV. LARRY SPARKS NEW BEGINNINGS CHURCH
FLAG SALUTE
AGENDA ITEM NO. 1: Consider approval of Agenda:
A motion was made by Commissioner Holt, seconded by Commissioner Winterringer, to approve Agenda with noted change to move and consider Item No. 3 before Agenda Item No. 2 the Consent Agenda. Motion carried 7-0.
AYE: Holt, Winterringer, Stephens, Sims, Harrod, Peterson, Collier
NAY: None
THE COMMISSION WILL DEVIATE FROM THE WRITTEN AGENDA TO CONSIDER AGENDA ITEM NO. 3
AGENDA ITEM NO. 3: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)
Mr. Arnold Davis spoke in regard to Agenda Item No. 2(e) concerning the Mayor’s appointment to the Shawnee Airport Advisory Board to replace Bill Beck, term to expire 7/1/10. Mr. Davis stated that he would like to see Chuck Mills appointed to the position.
COMMISSION NOW RETURNS TO THE FORMAL AGENDA
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. 14.
b. Minutes from the February 2, 2009 meeting
c. Acknowledge the following reports and minutes:
• Shawnee Beautification Committee minutes from January 5, 2009
• Planning Commission minutes from January 7, 2009
• Sister Cities Council minutes from January 13, 2009
• License Payment Report for January 2009
• Project Payment Report for January 2009
• Sales Tax Collections Report Through February 2009
d. Approve 2009-2010 Budget Schedule
e. Mayor’s Appointment to the Shawnee Airport Advisory Board to replace Bill Beck, term to expire 7/1/10.
f. Approve Commercial Lease Agreement with Scott and Tamara Perry dba Incredible Inflatables Indoor Fun Center, LLC, for lease of Airport property located at 702 W. Independence.
g. Authorize staff to solicit bids for replacement of emergency power generator and transfer switch at City Hall.
h. Acknowledge Worker’s Compensation Settlement in the amount of $28,900.00 to Alan Gunter.
i. Approve non-disclosure agreements with Sprint/Nextel, and A.T. & T. for wireless enhanced 9-1-1 service.
j. Acceptance of Utility Easement from Gary Carpenter located along the east side of Elm Street.
k. Lake Site Lease Transfer and Renewals:
Transfer
• Lot 8 Coffman Tract, 15205 Perry Road and Lot 9 Coffman Tract, 15203 Perry Road
From: A. Carey
To: G. Allen
Renewals
• Lot 7 South School Tract, 31410 Brown Road
Shawnee Rifle and Pistol Club
• Lot 12 Magnino A Tract, 17304 Magnino Road
L. Mitchell
Before voting on the Consent Agenda, a motion was made by Commissioner Sims, seconded by Commissioner Holt, that Agenda Item No. 2(e) should be changed to read: Mayor’s Appointment of Chuck Mills to the Shawnee Airport Advisory Board to replace Bill Beck, term to expire 7/1/10.
Motion failed 3-4.
AYE: Sims, Holt, Winterringer
NAY: Stephens, Harrod, Peterson, Collier
A motion was made by Commissioner Harrod, seconded by Vice Mayor Stephens, to pull Consent Agenda Item 2(e) from the Consent Agenda. Motion carried 7-0.
AYE: Harrod, Stephens, Sims, Peterson, Collier, Winterringer, Holt
NAY: None
A motion was made by Vice Mayor Stephens, seconded by Commissioner Harrod, to appoint Terry Toole to the Airport Advisory Board. Vice Mayor Stephens withdraws motion. Commissioner Harrod withdraws second.
Commissioner Sims stated the Agenda Item deferred from the January 20th City Commission meeting listed Chuck Mills to replace Bill Beck and must be acted on prior to any other action.
Commissioner Holt spoke with many people and found no one to speak against Chuck Mills.
The Airport Advisory Board Chairman recommended Mills. Letters endorsing Chuck Mills were received from U. S. Representative Mary Fallin and Vic Byrd with the Oklahoma Aeronautics Commission. Mayor Peterson stated she was concerned about people from outside our community making recommendations when it is the Commissions’ decision.
A motion was made by Commissioner Holt, seconded by Commissioner Sims, to consider original appointment of Chuck Mills to Airport Advisory Board. Motion failed 3-4.
AYE: Holt, Sims, Winterringer
NAY: Stephens, Harrod, Peterson, Collier
A motion was made by Commissioner Sims, to send back to Airport Advisory Board for a new recommendation, but dies due to lack of second.
A motion was made by Vice Mayor Stephens, seconded by Commissioner Harrod, to appoint Terry Toole to the Airport Advisory Board to replace Bill Beck, term to expire 7/1/10. Motion carried 4-3.
AYE: Stephens, Harrod, Peterson, Collier
NAY: Winterringer, Holt, Sims
AGENDA ITEM NO. 4: City Managers presentation to Employee of the Month, Cindy Gibson of the City Manager’s office.
City Manager Brian McDougal presented a plaque and certificate to Cindy Gibson, City Manager’s office, as the February Employee of the Month, in recognition of her dedication and service to the City of Shawnee. Ms. Gibson was present to accept.
AGENDA ITEM NO. 5: Presentation by Regina Moore with Cost Recovery Corporation.
Regina Moore gave a presentation and answered questions regarding the recovery of fees for public safety services responded to by the Police and Fire Departments. These fees are outside the scope of prevention, investigation and protection. The fee would be charged against a negligent drivers’ insurance. A claim would be filed by Cost Recovery Corporation with their fee added to the claim. A standard fee schedule would be set for different services rendered by the police or fire personnel. City staff would be responsible for sending the documentation to Cost Recovery Corporation so a claim could be filed. The program could be set up to file this claim only against drivers residing outside the City of Shawnee or could be set up to exempt any area specified.
AGENDA ITEM NO. 6: Discuss and consider an ordinance establishing and implementing a program to recover service fees for the deployment of public safety services rendered by the City of Shawnee for motor vehicle accidents that are outside the scope of basic crime prevention, investigation and fire protection.
After a lengthy discussion Commissioner Harrod requests staff investigate the company and make recommendation; and Commissioner Sims volunteered to be involved in gathering information and ordinance language for establishing and implementing a program to recover service fees for the deployment of public safety services rendered by the City of Shawnee.
A motion was made by Commissioner Holt, seconded by Commissioner Sims, that the consideration of ordinance establishing and implementing a program to recover service fees for the deployment of public safety services rendered by the City of Shawnee for motor vehicle accidents that are outside the scope of basic crime prevention, investigation and fire protection be deferred until April 6th City Commission meeting. Motion carried 7-0.
AYE: Holt, Sims, Harrod, Peterson, Collier, Winterringer, Stephens
NAY: None
AGENDA ITEM NO. 7: Public hearing and consider an ordinance rezoning property from A-1; Agricultural to R-1; Residential for property located West of Northridge Road and North of Castle Creek. Case #P02-09 (Applicant: Rick Austin)
Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property located West of Northridge Road and North of Castle Creek (3300 Northridge).
Mayor Peterson asked if any person wished to appear in favor of or in protest of the rezone.
The staff report was given by Justin Erickson, Planning Director, and it was noted that the subject site is approximately 4.0 acres and is currently zoned A-1 Agricultural. Adjacent properties are primarily zoned R-1 and are developed mostly with low-density residential uses. The City’s agricultural zoning is primarily designed to serve as a holding zone until properties can develop/redevelop at urban level densities and intensities. There are several residential neighborhoods in the vicinity of the subject property and the site is poised for redevelopment because of its size, location and proximity to City services, including sewer and water. The Shawnee Comprehensive Plan designates this area as “residential” and approval of the rezone will ensure consistency with the Plan and will provide an appropriate zoning classification for the property.
No others appeared and the public hearing was closed.
Ordinance No.2392NS was introduced and read aloud.
ORDINANCE NO.2392NS 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: BEGINNING AT THE NORTHEAST CORNER OF LOT FOUR (4), ELBERTA ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE S00º41’32”E ALONG THE EAST LINE OF LOT FOUR (4) A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING; THENCE S00º41’32”E CONTINUING ALONG SAID EAST LINE A DISTANCE OF 325.80 FEET TO THE NORTHEAST CORNER OF LOT ONE (1), BLOCK TWO (2), NORTHRIDGE VIII ADDITION TO THE CITY OF SHAWNEE; THENCE N90º00’00”W ALONG THE NORTH LINE OF SAID NORTHRIDGE VIII A DISTANCE OF 480.00 FEET; THENCE N00º41’32”W AND PARALLEL TO THE EAST LINE OF SAID LOT FOUR (4) A DISTANCE OF 325.80 FEET; THENCE S90º00’00”E A DISTANCE OF 480.00 FEET TO THE POINT OF BEGINNING.
AND
BEGINNING AT THE NORTHEAST CORNER OF LOT FOUR (4), ELBERTA ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE S00º41’32”E ALONG THE EAST LINE OF LOT FOUR (4) AND THREE (3) A DISTANCE OF 325.80 FEET TO THE NORTHEAST CORNER OF LOT ONE (1), BLOCK TWO (2), NORTHRIDGE VIII, THENCE N90º00’00”W ALONG THE NORTH LINE OF SAID NORTHRIDGE VIII A DISTANCE OF 480.00 FEET TO THE POINT OF BEGINNING; THENCE N90º00’00”W CONTINUING ALONG THE NORTH LINE OF NORTHRIDGE VIII A DISTANCE OF 147.50 FEET TO A POINT ON THE WEST LINE OF LOT THREE (3) A DISTANCE OF 60.00 FEET; THENCE S90º00’00”E AND PARALLEL TO THE NORTH LINE OF NORTHRIDGE VIII A DISTANCE OF 147.50 FEET; THENCE S00º41’32”E AND PARALLEL TO THE WEST LINE OF SAID LOT THREE (3) A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING.
AND
BEGINNING AT THE NORTHEAST CORNER OF LOT FOUR (4), ELBERTA ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE S00º41’32”E ALONG THE EAST LINE OF LOT FOUR (4) A DISTANCE OF 100.00 FEET; THENCE N90º00’00”W AND PARALLEL TO THE SOUTH LINE OF SAID LOT FOUR (4) A DISTANCE OF 480.00 FEET TO THE POINT OF BEGINNING; THENCE N90º0’00”W A DISTANCE OF 147.50 FEET TO A POINT ON THE WEST LINE OF LOT FOUR (4) ELBERTA ADDITION; THENCE S00º41’32”E ALONG THE WEST LINE OF SAID LOT FOUR (4) A DISTANCE OF 63.00 FEET; THENCE S90º00’00”E AND PARALLEL TO THE SOUTH LINE OF SAID LOT FOUR(4) A DISTANCE OF 147.50; THENCE N00º41’32”W AND PARALLEL TO THE WEST LINE OF SAID LOT FOUR (4) A DISTANCE OF 63.00 FEET TO THE POINT OF BEGINNING. REZONING SAID PROPERTY FROM A-1; AGRICULTURALTO R-1; RESIDENTIAL AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”
A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, that the Title and Ordinance No.2392NS be approved. Motion carried 7-0.
AYE: Harrod, Winterringer, Holt, Stephens, Sims, Peterson, Collier
NAY: None
Thereupon Mayor Peterson declared Ordinance No.2392NS duly passed and adopted.
AGENDA ITEM NO. 8: Public hearing and consider an ordinance for Conditional Use Permit to allow for dry cleaning, laundry and dyeing plant for property located at 704 E. Independence. Case #P03-09 (Applicant: Dwight Yancey)
Mayor Peterson declared a public hearing in session to consider an ordinance for Conditional Use Permit for property located at 704 E. Independence.
Mayor Peterson 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 applicant operates an existing dry cleaning enterprise called “Shawnee Cleaners and Laundry” directly across Independence Street from the subject property at 707 E. Independence. The applicant is requesting approval of a Conditional Use Permit to utilize an existing commercial building as a “cleaning, dry, laundry and dyeing plant” in an area zoned C-3. The site is the former location of “Gerdes Garden Center” and is presently unoccupied. Utilities exist at the site and are adequate to serve the use, therefore staff is recommending approval of the requested conditional use permit to operate a cleaning, dry, laundry and dyeing plant at 704 E. Independence Street. The permitted use for this classification identifies “dyeing” as a permitted use. However, staff reported that no dyeing will be done at the subject property.
No others appeared and the public hearing was closed.
Ordinance No.2393NS was introduced and read aloud.
ORDINANCE NO.2393NS 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: A TRACT OF LAND DESCRIBED AS BEGINNING 580.68 FEET S89°30'55"W OF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE/C SE/4); THENCE NORTH AND PARALLEL TO THE EAST LINE OF SAID SE/4 A DISTANCE OF 500 FEET; THENCE WEST AND PARALLEL TO THE SOUTH LINE OF SAID SE/4 A DISTANCE OF 244.32 FEET TO THE RIGHT-OF-WAY OF THE EASTERN OKLAHOMA RAILWAY; THENCE IN A SOUTHERLY DIRECTION ALONG SAID RIGHT-OF-WAY TO THE SOUTH LINE OF SAID SE/4; THENCE EAST ALONG SAID SOUTH LINE A DISTANCE OF 403.32 FEET TO THE POINT OF BEGINNING AND A 10.82’ X 500’ STRIP OF LAND ON THE WEST SIDE OF A TRACT DESCRIBED AS BEGINNING 391.5 FEET WEST OF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE/4); THENCE WEST 200 FEET; THENCE NORTH 500 FEET; THENCE EAST 200 FEET; THENCE SOUTH 500 FEET TO THE POINT OF BEGINNING, ALL IN SECTION SEVEN (7), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM C-1; NEIGHBORHOOD COMMERCIAL TO C-1P; NEIGHBORHOOD COMMERCIAL WITH CONDITIONAL USE PERMIT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”
A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, that the Title and Ordinance No.2393NS be approved. Motion carried 7-0.
AYE: Sims, Winterringer, Holt, Stephens, Harrod, Peterson, Collier
NAY: None
Thereupon Mayor Peterson declared Ordinance No.2393NS duly passed and adopted.
AGENDA ITEM NO. 9: Consideration of approval of final plat for Sehorn Commercial Plaza located in the 2250 block of North Harrison. Case #S28-08 (Applicant: Mark Sehorn)
The applicant request final plat approval to allow for the creation of three commercial lots and one stormwater/drainage tract on 14.18 acres of a 20-acre tract. A preliminary plat was approved by the City Commission on December 15, 2008. Two commercial enterprises are currently planned for two of the lots. The lots range in size from 1.04 acres to 5.35 acres in size. A large stormwater detention area is in the process of being constructed, which will serve the entire development and will be constructed as part of the first phase.
Staff recommends approval of the proposed final plat as submitted by the applicant, subject to the following five (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. Sidewalks shall be constructed in accordance with City standards and shall be installed prior to issuance of occupancy permits on each subject lot, provided that sidewalks associated with the frontage of Lot 3 (within the cross-access easement) shall be completed in conjunction with development on Lot 1 and Lot 2, with the owner of each lot extending the sidewalk to the shared driveway.
3. The “common area and drainage easement” shall be constructed before or concurrent with development on Lot 1 and Lot 2 and those lots benefiting from its construction shall be given access via an easement notation on the face of the recorded plat or a separate recorded instrument, subject to approval by the City Engineer.
4. A note on the record plat shall state that “Block A-Common Area and Drainage Easement: is a non-buildable lot and shall not be considered a “lot of record”.
5. Prior to filing the final plat, the applicant shall commence with making the required site improvements in accordance with construction plans approved by the City. In lieu of completion of all improvements prior to final plat recording, the applicant may post a bond or other surety in accordance with Section 70.3 of the Shawnee Subdivision Regulations.
A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to approve final plat for Sehorn Commercial Plaza located in the 2250 block of North Harrison with five (5) conditions. Motion carried 7-0.
AYE: Harrod, Collier, Winterringer, Holt, Stephens, Sims, Peterson
NAY: None
AGENDA ITEM NO. 10: Discuss and consider a resolution amending the 2005-2009 Consolidated Plan and 2008-2009 Year Plan approving the Neighborhood Stabilization Program (NSP); the Neighborhood Program (NSP) Grant Application in the amount of $394,792 and all required certifications; allocations of Neighborhood Stabilization Program (NSP) Grant funds to eligible program activities; and authorizing the Mayor to execute all application documents, Certification Funding Awards and Grant Agreements with the U.S. Department of Housing and Urban Development (HUD) and the State of Oklahoma, as funding is being made available through the State of Oklahoma’s allocation of Neighborhood Stabilization Program (NSP) implementation, associated with the purchase, rehabilitation and conveyance of abandoned and foreclosed upon homes.
Resolution No. 6349 was introduced and read aloud.
RESOLUTION NO.6394 ENTITLED “A RESOLUTION AMENDING THE 2005-2009 CONSOLIDATED PLAN AND 2008-2009 YEAR PLAN APPROVING THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP); THE NEIGHBORHOOD PROGRAM (NSP) GRANT APPLICATION IN THE AMOUNT OF $394,792 AND ALL REQUIRED CERTIFICATIONS; ALLOCATIONS OF NEIGHBORHOOD STABILIZATION PROGRAM (NSP) GRANT FUNDS TO ELIGIBLE PROGRAM ACTIVITIES; AND AUTHORIZING THE MAYOR TO EXECUTE ALL APPLICATION DOCUMENTS, CERTIFICATION FUNDING AWARDS AND GRANT AGREEMENTS WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND THE STATE OF OKLAHOMA, AS FUNDING IS BEING MADE AVAILABLE THROUGH THE STATE OF OKLAHOMA’S ALLOCATION OF NEIGHBORHOOD STABILIZATION PROGRAM (NSP) IMPLEMENTATION, ASSOCIATED WITH THE PURCHASE, REHABILITATION AND CONVEYANCE OF ABANDONED AND FORECLOSED UPON HOMES.”
A motion was made by Commissioner Sims, seconded by Commissioner Holt, that Resolution No. 6349 be approved.
Motion carried 7-0.
AYE: Sims, Holt, Stephens, Harrod, Peterson, Collier, Winterringer
NAY: None
AGENDA ITEM NO. 11: Consider an ordinance amending the general penalty provision for municipal violations.
Ordinance No.2394NS was introduced and read aloud.
ORDINANCE NO.2394NS ENTITLED “AN ORDINANCE RELATING TO THE GENERAL PENALTY OFR VIOLATIONS OF THE CODE OF THE CITY OF SHAWNEE; AMENDING SUB-SECTION (a), SECTION 1-10 OF CHAPTER 1 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; AMENDING THE POSSIBLE FINE FOR ALCOHOL OR DRUG-RELATED OFFENCES FROM FIVE HUNDRED DOLLARS ($500.00) TO EIGHT HUNDRED DOLLARS ($800.00); AMENDING THE FINES AND PERIOD OF IMPRISONMENT FOR VIOLATIONS OF ORDINANCE REGULATING PRE-TREATMENT OF WASTE WATER AND STORM WATER DISCHARGE FROM FIVE HUNDRED DOLLARS ($500.00) AND/OR SIXTY (60) DAYS IMPRISONMENT TO ONE THOUSAND DOLLARS ($1000.00) AND/OR NINETY (90) DAYS IMPRISONMENT; AMENDING THE FINE FOR ALL OTHER OFFENCES FROM FIVE HUNDRED DOLLARS ($500.00) TO SEVEN HUNDRED FIFTY DOLLARS ($750.00); PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”
A motion was made by Commissioner Harrod, seconded by Commissioner Holt, that the Title and Ordinance No.2394NS be approved. Motion carried 7-0.
AYE: Harrod, Holt, Stephens, Sims, Peterson, Collier, Winterringer
NAY: None
A motion was made by Commissioner Harrod, seconded by Commissioner Holt, that Section 6, the emergency clause, be approved.
Motion carried 7-0.
AYE: Harrod, Holt, Stephens, Sims, Peterson, Collier, Winterringer
NAY: None
Thereupon Mayor Peterson declared Ordinance No.2394NS duly passed and adopted.
AGENDA ITEM NO. 12: Consider an ordinance establishing a specific penalty for harboring a vicious animal, allowing an animal to become a nuisance and abandoning animals in a public or private place.
Ordinance No.2395NS was introduced and read aloud.
ORDINANCE NO.2395NS ENTITLED “AN ORDINANCE RELATING TO ANIMAL CONTROL; AMENDING SECTION 5-3, ARTICLE I OF CHAPTER 5 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA BY ADDING SUB-SECTION (g) SETTING OUT A SPECIFIC PUNISHMENT FOR VIOLATING THE SECTION; AMENDING SECTION 5-20, ARTICLE I OF CHAPTER 5 OF THE CODE OF THE CITY OF SHAWNEE BY ADDING SUB-SECTION (E) SETTING OUT A SPECIFIC PUNISHMENT FOR VIOLATING THE SECTION; AMENDING SECTION 5-17, ARTICLE I OF CHAPTER 5 OF THE CODE OF THE CITY OF SHAWNEE BY ADDING A SPECIFIC PUNISHMENT FOR VIOLATING THE SECTION; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”
A motion was made by Commissioner Harrod, seconded by Commissioner Collier, that the Title and Ordinance No.2395NS be approved. Motion carried 7-0.
AYE: Harrod, Collier, Winterringer, Holt, Stephens, Sims, Peterson
NAY: None
A motion was made by Commissioner Collier, seconded by Commissioner Winterringer, that Section 5, the emergency clause, be approved.
Motion carried 7-0.
AYE: Collier, Winterringer, Holt, Stephens, Sims, Harrod, Peterson
NAY: None
Thereupon Mayor Peterson declared Ordinance No.2395NS duly passed and adopted.
AGENDA ITEM NO. 13: Consider an ordinance repealing the code sections providing for alarm systems to sound directly at the city for emergency response.”
Ordinance No.2396NS was introduced and read aloud.
ORDINANCE NO.2396NS ENTITLED “AN ORDINANCE RELATING TO ALARM SYSTEMS RESPONDED TO DIRECTLY BY LAW ENFORCEMENT OFFICERS AND FIRE DEPARTMENT PERSONNEL, REPEALING SECTIONS 8-32, 8-33, 8-34, 8-35 AND 8-36, ARTICLE II, CHAPTER 9 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA IN THEIR ENTIRETY; REMOVING THE CITY AS THE DIRECT RECEIVER OF ALARMS INDICATING AN UNATUTHORIZED INTRUSION OR ENTRY, OR A FIRE OR OTHER EMERGENCY CONDITION; RESERVING SUCH SECTIONS FOR FUTURE USE; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”
A motion was made by Commissioner Harrod, seconded by Commissioner Holt, that the Title and Ordinance No.2396NS be approved. Motion carried 7-0.
AYE: Harrod, Holt, Stephens, Sims, Peterson, Collier, Winterringer
NAY: None
Section 6, the emergency clause, was not voted on. The Ordinance will become effective on June 1, 2009 in order to give time for replacement services to take effect.
Thereupon Mayor Peterson declared Ordinance No.2396NS duly passed and adopted.
AGENDA ITEM NO. 14: Consider Bids:
Three bids were opened and read into record.
a. Replacement of pool main drain, pool mechanical equipment and above grade piping. (Open)
BIDDER AMOUNT
American Pool Co. $248,200.00
Haysville, KS Alt #1 $1,700.00
Sunbelt Pools, Inc. $242,651.00
Dallas, TX Alt#1 $3,769.00
Texas Waterworks $248,355.00
Carrollton, TX Alt#1 $4,800.00
A motion was made by Commissioner Harrod, seconded by Commissioner Collier, that the bids for replacement of pool main drain, pool mechanical equipment and above grade piping be deferred to staff for review and recommendation at the March 2, 2009 City Commission meeting. Motion carried 7-0.
AYE: Harrod, Collier, Winterringer, Holt, Stephens, Sims, Peterson
NAY: None
AGENDA ITEM NO. 15: 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. 16: Administrative Reports
Police Chief Russell Frantz reported that Shawnee Mall had notified the police department on Saturday that one of the anchor stores had received a bomb threat. The police department, along with many area agencies and the Oklahoma County bomb sniffing dog, responded and nothing was found.
He also gave a report requested by Commissioner Harrod on staffing numbers. We are currently at the same level as 20 years ago and 15 officers short by National Standards.
Deputy Fire Chief Dru Tischer reported on staffing as well and their levels are below the NFPA Standards by 12 positions. He also reported that Fire Station No. 2 should re-open within the next two to three weeks with all repairs from water damages completed.
James Bryce, Interim Operations Manager, reported the library would be closed until March 8 while remodeling of some area and carpeting in other areas in being completed.
Rex Hennen, Assistant Airport Manager, advised the projects submitted for possible grants from the stimulus package have been revised to make the Parallel Runway Rehab a higher priority. The Airport Advisory Board has made a request to the Shawnee Industrial Authority to fund a $60,000 match for a grant. The meeting for consideration of this request will be held February 26.
The bidding process for the Airport Terminal Building should start around April 1.
AGENDA ITEM NO. 17: Consideration and possible action to enter into an Executive Session to discuss pending litigation styled: Blaco v. City of Shawnee, CJ-08-165; Beck v. City of Shawnee, CJ-08-1524; Lapach v. City of Shawnee, CJ-08-671; Moore v. City of Shawnee, CJ-08-793; Pekrul v. City of Shawnee, CJ-08-02; Swinney v. City of Shawnee, CJ-07-1510; Taylor v. City of Shawnee, CJ-07-708; Shawnee Police Department Application on Found Property, C-08-1544; Shawnee Police Department Application on Found Property, C-08-1417; Shawnee Police Department Application to Dispose of Currency, C-08-385; City of Shawnee v. H.U.B. etal., CJ-06-236, all in the District Court of Pottawatomie County, Oklahoma: Stevenson v. City of Shawnee, CIV-08-766D; Borcherding v. City of Shawnee, CIV-08-1171R; in the Western District of Oklahoma Federal Court: and the following Tort Claims pending with the City of Shawnee: Shawnee Milling-City: Gear-City: Dugger-City: Fox-City: Weir-City: McCray-City: Bardwell-City: Hodge-City: Daley-City: Foust-City: Dustman-City: Smith-City: Taheri – City: Rodriguez – City: Reed – City: Osborne-City: and Mathis-City.C pursuant to 25 O.S. Sec. 307 (B)(4) on the recommendation of counsel.
A motion was made by Commissioner Holt, seconded by Commissioner Harrod, to enter into Executive Session to discuss pending litigation styled: Blaco v. City of Shawnee, CJ-08-165; Beck v. City of Shawnee, CJ-08-1524; Lapach v. City of Shawnee, CJ-08-671; Moore v. City of Shawnee, CJ-08-793; Pekrul v. City of Shawnee, CJ-08-02; Swinney v. City of Shawnee, CJ-07-1510; Taylor v. City of Shawnee, CJ-07-708; Shawnee Police Department Application on Found Property, C-08-1544; Shawnee Police Department Application on Found Property, C-08-1417; Shawnee Police Department Application to Dispose of Currency, C-08-385; City of Shawnee v. H.U.B. etal., CJ-06-236, all in the District Court of Pottawatomie County, Oklahoma: Stevenson v. City of Shawnee, CIV-08-766D; Borcherding v. City of Shawnee, CIV-08-1171R; in the Western District of Oklahoma Federal Court: and the following Tort Claims pending with the City of Shawnee: Shawnee Milling-City: Gear-City: Dugger-City: Fox-City: Weir-City: McCray-City: Bardwell-City: Hodge-City: Daley-City: Foust-City: Dustman-City: Smith-City: Taheri – City: Rodriguez – City: Reed – City: Osborne-City: and Mathis-City, pursuant to 25 O.S. Sec. 307 (B)(4) on the recommendation of counsel. Motion carried 7-0.
AYE: Holt, Harrod, Peterson, Collier, Winterringer, Stephens, Sims
NAY: None
CITY COMMISSION NOW IN EXECUTIVE SESSION AT 9:07 P.M.
CITY COMMISSION RECONVENED IN REGULAR SESSION AT 10:05 P.M. WITH ALL COMMISSIONERS PRESENT
AGENDA ITEM NO. 18: Consideration and possible action on items discussed in Executive Session regarding pending litigation styled: Blaco v. City of Shawnee, CJ-08-165; Beck v. City of Shawnee, CJ-08-1524; Lapach v. City of Shawnee, CJ-08-671; Moore v. City of Shawnee, CJ-08-793; Pekrul v. City of Shawnee, CJ-08-02; Swinney v. City of Shawnee, CJ-07-1510; Taylor v. City of Shawnee, CJ-07-708; Shawnee Police Department Application on Found Property, C-08-1544; Shawnee Police Department Application on Found Property, C-08-1417; Shawnee Police Department Application to Dispose of Currency, C-08-385; City of Shawnee v. H.U.B. etal., CJ-06-236, all in the District Court of Pottawatomie County, Oklahoma: Stevenson v. City of Shawnee, CIV-08-766D; Borcherding v. City of Shawnee, CIV-08-1171R; in the Western District of Oklahoma Federal Court: and the following Tort Claims pending with the City of Shawnee: Shawnee Milling-City: Gear-City: Dugger-City: Fox-City: Weir-City: McCray-City: Bardwell-City: Hodge-City: Daley-City: Foust-City: Dustman-City: Smith-City: Taheri – City: Rodriguez – City: Reed – City: Osborne-City: and Mathis-City.
City Commission acknowledged pending litigation but took no action at this time.
AGENDA ITEM NO. 19: Commissioners Comments
There were no Commissioners Comments.
AGENDA ITEM NO. 20: Adjournment
There being no further business to be considered, a motion was made by Commissioner Harrod, seconded by Commissioner Holt, that the meeting be adjourned. Motion carried 7-0. (10:08 p.m.)
AYE: Harrod, Holt, Stephens, Sims, Peterson, Collier, Winterringer
NAY: None
LINDA PETERSON, MAYOR
(SEAL)
ATTEST:
DONNA MAYO,
ACTING CITY CLERK
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