Date: 5/5/2008Board: City CommissionDocumentType: MinutesWeb Posted: 5/20/2008 4:40:57 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
MAY 5, 2008 AT 6:30 P. M.

The Board of City Commissioners of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in Regular Session in the Commission Chambers at City Hall, 9th and Broadway, Shawnee, Oklahoma, Monday, May 5, 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 Commissioner Ward 2

Marva O’Neal Billy Collier
Commissioner Ward 3 Commissioner Ward 4

Linda Peterson Carl Holt
Commissioner Ward 5-Vice Mayor Commissioner Ward 6

ABSENT:

INVOCATION Rev. Larry Sparks New Beginnings Church

FLAG SALUTE Mayor Chuck Mills

AGENDA ITEM NO. 1: Commission Appointment of a Vice Mayor (per Article III, Section 6 of the City Charter).

Vice Mayor Peterson made the motion to elect Commissioner Pamela Stephens as Vice Mayor, Commissioner Holt seconded. Motion carried 7-0.

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


AGENDA ITEM NO. 2: Consider approval of Agenda:

In consideration of the Agenda, Commissioner Peterson asked that Agenda Item No. 18 (Consideration of Bids) be considered after Agenda Item No. 11.

A motion was made by Commissioner Holt, seconded by Commissioner Collier, to approve the Agenda with the noted change. Motion carried 7-0.

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

AGENDA ITEM NO. 3: 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. 17.

b. Minutes from the April 21, 2008 meeting.

c. Supplemental Revenue Budget Amendment and Appropriation of Budget General Fund 001.

d. Supplemental Budget Amendment and Appropriation of Budget General Fund 001.

e. Supplemental Budget Amendment and Appropriation of Budget General Fund 001.

f. Budget Amendment for Supplemental Revenue General Fund 001.

g. Budget Amendment for Supplemental Revenue Capital Improvement Fund 301.

h. Budget Amendment for Supplemental Revenue Capital Improvement Fund 301.

i. Budget Amendment for Supplemental Revenue Capital Improvement Fund 301.

j. Budget Amendment for Supplemental Revenue and Transfer between Projects Capital Improvement Fund 301.

k. Budget Amendment Street Improvement Fund 302.

l. Budget Amendment Cemetery Fund 702 and Capital Improvements Fund 301.

m. Transfer of Appropriations between Departments General Fund.

n. Acknowledge the following reports and minutes:
• Planning Commission minutes from April 2, 2008
• Shawnee Civic and Cultural Development Authority minutes from March 20, 2008
• Traffic Commission minutes from March 25, 2008

o. Approve agreement with REACT Ambulance Authority to provide dispatch service from July 1, 2008 through June 30, 2009.

p. Approve agreement with the City of Tecumseh for Animal Welfare Facility from date accepted to the 31st day of December, 2008.

q. Approve purchase of pool lift for Jeff Rogers’ therapy.

r. Traffic Commission recommendations from the April 22, 2008 meeting.

 Consideration of request from Glenda Brown, 328 South Chapman, Shawnee, OK 74801 to install two (2) stop signs at the intersection of South Chapman and West Oakland to stop north and southbound traffic on South Chapman.

RECOMMENDATION: Board recommends approval.


s. Lakesite Lease Transfer:

• Lot 14, Magnino A Tract, 17312 Magnino Tract
To: R. Mitchell
From: D. Hulme and T. Hulme

• Lot 4, Eckel Tract, 15400 Eckel Road
To: G. Bolding
From: B. Cox and J. Cox

Deferred from April 7, 2008
• Lot 1, Magnino A Tract, 17000 Magnino Road
To: W. Lohden
From: N. Rosson and E. Voight

t. Approve out-of-state travel for Mike Wolf to attend an HUD Environmental training class in Ft. Worth, Texas from May 7-8, 2008.

u. Approve City Managers appointment of Toni Gray as Director of Operations.

v. Approve setting June 21, 2008 as date for city auction of surplus property.

w. Mayor’s re-appointments to the Planning Commission:

Jim Nickels – term to expire 6/01/11
Louis Maltos – term to expire 6/01/11

Before voting on the Consent Agenda, Commissioner Holt requested that Agenda Item No. 3(b) be pulled for separate consideration. Vice Mayor Stephens also requested that Agenda Item No. 3 (p) and ( s) be considered separately as well.

A motion was made by Commissioner Peterson, seconded by Commissioner O’Neal, to approve the Consent Agenda (a-w), less (b), (p), and (s), as presented.

Motion carried 7-0.

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

Concerning item 3(b), the minutes of the April 21, 2008 meeting, Commission Holt had a question regarding the Veterans’ Memorial Park. It was noted in the minutes that the memorial bricks being sold were priced at $100 – 150 each. Commissioner Holt stated that he thought the smaller bricks would be sold for $50.00. The City Clerk will review the tape of the meeting to determine what was said at the meeting.
Commissioner Holt also asked that the word “former” be deleted from Agenda Item No. 6, line 5, of the minutes. The City Clerk will make the correction.
A motion was made by Commissioner Holt, seconded by Vice Mayor Stephens, to approve Agenda Item No. 3(b) with noted correction. Motion carried 7-0.

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

Under Agenda Item No. 3(p), concerning the agreement with the City of Tecumseh for Animal Welfare Facility, Vice Mayor Stephens asked who was responsible for billing. It was explained that the facility is billed on a monthly basis from information provided by the Shawnee Animal Shelter.

A motion was made by Vice Mayor Stephens, seconded by Commissioner Collier, to approve agreement with the City of Tecumseh for Animal Welfare Facility from date accepted to the 31st day of December, 2008. Motion carried 7-0.

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

Under Agenda Item No. 3(s) concerning the deferred Lakesite Lease Transfers

A motion was made by Commissioner Schrzan, seconded by Commissioner Peterson, that Lot 14, Magnino A Tract be deferred to May 19, 2008.
Motion carried 7-0.

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

A motion was made by Commissioner Holt, seconded by Vice Mayor Stephens, to approve Lakesite Lease Transfers Lot 1, 17000 Magnino Road, and Lot 4, Eckel Tract, 15400 Eckel Road. Motion carried 7-0.

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

AGENDA ITEM NO. 4: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)

No one appeared to speak under Citizens’ Participation.

AGENDA ITEM NO. 5: Mayor’s Proclamations:

“Police Week”
May 11-17, 2008
(accepted by Bill Mathis)

“Click It or Ticket Campaign”
May 19 – June 1, 2008
(accepted by Bill Mathis)

AGENDA ITEM NO. 6: City Managers presentation to Employee of the Month, Chris Thomas, Administrator of Support Services for the Shawnee Police Department.

City Manager Jim Collard presented a plaque and gift certificate to Chris Thomas, Administrator of Support Services, as the May employee of the month, in recognition of his dedicated services to the Shawnee Police Department. Mr. Thomas was present to accept.

AGENDA ITEM NO. 7: Review and discuss a proposed ordinance requiring a special use permit for all treatment centers, defining treatment centers, and assigning zoning classifications with the conditional use permit.

The City Commissioners discussed at length a proposed ordinance that would prohibit a treatment center for sex offenders from being within 1,000 feet from schools, play grounds, parks, licensed day care, or any tract zoned residential. The Planning Commission will discuss the item Wednesday, May 7th and have also scheduled a special called Planning Commission meeting for May 15th for the purpose of a public hearing and to further consider their recommendation to the City Commission regarding this proposed ordinance. The City Commission will also conduct a public hearing and will consider the proposed ordinance at the May 19, 2008 City Commission meeting.

AGENDA ITEM NO. 8: Public hearing and consider an ordinance for a Planned Unit Development (PUD) of Majestic Dominion Properties, a revised PUD of Howard E. Tommie Enterprises for property located on Harrison north of Transportation Parkway. (Applicant: Majestic Dominion Inc.)
Case #P12-08
Deferred from April 7, 2008

Mayor Mills declared a public hearing in session to consider an ordinance for a Planned Unit Development located on Harrison north of Transportation Parkway.
Mayor Mills asked if any person wished to appear in favor of, or in protest of, the ordinance.
Nancy McNayr presented the staff report which outlines the permitted uses of Tracts I, II and III of the property, which contains 55.9 acres. Tract I will consist of five C-3 (Automotive and Commercial Recreation District) lots plus reserve Block A and common Lot E. Common Lot E will allow for common use signage. Tract II consists of thirteen limited commercial and office development lots – C-1 and C-2 (Neighborhood Commercial and Suburban Office District with some additional uses typically found in C-3. Tract III, Lot 1 Block 3, will consist of R-3 multi-family with maximum density of 14 units/acres or 129 units. Tract III, Block 4 will contain R-3, multi-family proposed to be developed as 30 condominium/townhouse units; but may also be developed as R-3, multi-family with maximum density of 72 units.
Upon further discussion of the permitted uses, the following were removed as permitted land uses: In Tract I – bus terminal; in Tract II: Mini storage, animal hospital and pet store.

The Planning Commission recommends approving the Preliminary Plat of Majestic Dominion subject to the Technical Consideration 1-8.

Technical Consideration:
1. Statistical Data. Amend statistical data on the graphics to data as agreed to in the PUD document.
2. Sidewalks. Sidewalks will be required as per Shawnee Code on Harrison, Transportation Parkway, Regal Road, and Dominion Lane. Transportation Parkway, Regal Road, and Dominion Lane are collector streets. Sidewalks along Majestic Way (minimum of 4’) to serve the condominium residential project will be required as shown on the Preliminary Plat.
3. Temporary Emergency Accessibility.
Secondary Access Drive-property developed in phases beginning with Tract III (apartment complex) first. Prior to the development of the townhouses within Tract III, or the development of Tract I or Tract II
4. Common Signage and pole signs. Restricted as per the PUD document.
5. Driveway Limits on Harrison. There should be statement that limits the number of driveways on Harrison from Tract 1 to one (1) plus the common access drive on the west property line.
6. Drainage: The City Engineer is reviewing flow and drainage information
7. Property Owners Association. Covenants outlining the Property Owners Association should be submitted for review with any final plat.
8. Additional 20’ landscape strip along north side of Transportation Parkway, north of residential area; between Tract II and Tract III.

Four noted changes as to land uses are as follows: Tract I: bus terminal will not be allowed. Tract II: Mini storage, animal hospital and pet store will not be allowed.

Mark Crook, Project Manager for Majestic Dominion Properties, appeared and indicated the company would have no problem with the changes in permitted uses in Tract II.

Ordinance No. was introduced and read aloud.

ORDINANCE NO. 2349NS 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; LOTS EIGHT (8) AND NINE (9), YAHGNEE ADDITION, BEING A SUBDIVISION OF PART 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, ACCORDING TO THE RECORDED PLAT THEROF, REZONING SAID PROPERTY FORM P.U.D; PLANNED UNIT DEVELOPMENT PUD OF HOWARD E. TOMMIE ENTERPRISES, A COMMERCIAL TRANSPORTATION CENTER TO P.U.D.; PLANNED UNIT DEVELOPMENT PUD OF MAJESTIC DOMINION PROPERTIES, A REVISED PUD OF HOWARD E. TOMMIE ENTERPRISES, 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 requested rezoning be approved subject to Technical Issues 1-8, and the four changes made to the permitted land uses. Motion carried 7-0.

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

Mayor Mills declared Ordinance No. 2349NS duly passed and adopted.

AGENDA ITEM NO. 9: Consider approval of the preliminary plat for Majestic Dominion for property located on Harrison north of Transportation Parkway. (Applicant: Majestic Dominion Inc.)
Case #S15-08
Deferred from April 7, 2008

Ms. McNayr gave the staff report. The Planning Commission approved the preliminary plat subject to the following technical issues:

TECHNICAL ISSUES:

1. Statistical Data. Statistical data should be amended to reflect text changes to PUD document.
2. Sidewalks. Sidewalks will be required as per Shawnee Code on Harrison, Transportation Parkway, Regal Road, and Dominion Lane. Transportation Parkway, Regal Road, and Dominion Lane are collector streets. Sidewalks along Majestic Way (minimum of 4’) will serve the condominium residential project.
3. Temporary Emergency Accessibility
Secondary Access Drive-Majestic Dominion Inc. is responsible to develop the secondary access road. There will be no variance allowed on this issue.
4. Common Signage and pole signs. Restricted as per the PUD document.
5. Driveway Limits on Harrison. There should be statement that limits the number of driveways on Harrison from Tract I (Lot * Yahgnee Addition) to one (1) drive on the west property line.
6. Drainage: The City Engineer requested a flow and drainage map be submitted for review prior to the April 23rd Planning Commission meeting. Additional comments may be available concerning drainage at the April 23rd meeting.
7. Property Owners Association. Covenants outlining the Property Owners Association should be submitted for review with any final plat.
8. Majestic Way-length variance required. Majestic Way is approximately 700 feet in length. Section 40.2.1.T.1 of the Shawnee Subdivision Regulations limit the length of a dead-end street to 500 feet.
9. Temporary Turn-around. During development, a temporary turn-around will be required at the end of the Dominion Way. The secondary access drive will serve as the ‘turn-around’ for Regalia Road.
10. Additional 20’ landscape strip along north side of Transportation Parkway, north of residential area; between Tract II and Tract III.

As noted in the Technical Issues, a variance will be required due to the 700’ length of Majestic Way.
A motion was made by Commissioner Peterson, seconded by Commissioner Holt, that the Preliminary Plat of Majestic Dominion, subject to Technical Issues 1-10 and the variance as to the length of Majestic Way, be approved. Motion carried 7-0.

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

AGENDA ITEM NO. 10: Public hearing and consider an ordinance for a Planned Unit Development (PUD) of Bryan Street Development, an amended PUD Fidler Properties for property located on the NW corner of Independence and Bryan. (Applicant: Bryan Street Development) Case #P13-08
Deferred from April 7, 2008

Mayor Mills declared a public hearing in session to consider an ordinance for an amended Planned Unit Development (PUD) for property located on the northwest corner of Independence and Bryan.
Mayor Mills asked if any person wished to appear in favor of or in protest of the PUD.
Nancy McNayr gave the following staff report: The PUD of Fidler Properties was approved by the City of Shawnee in 2006. The approximately ten acres in the center of the PUD was zoned as C-1P; Neighborhood Commercial with a Conditional Use Permit for the Rose Manor Nursing Home in 2005. The PUD approved in 2006 incorporated this C-1P use in the PUD Master Plan. The Rose Manor Nursing Home serves as an anchor to this development. The Proposed Amendment generally anticipates the same development land uses, but moves the locations of these uses within the development. The overall land use proposal and Preliminary Plat is in conformance with the Comprehensive Plan. The Planning Commission approved the Planned Unit Development of Bryan Street Addition subject to the Technical Consideration 1-4:

TECHNICAL CONSIDERATION
1. The Fire Department will have final review of drive layout for access and turning radius at corners.
2. Flood Zone Limits: If the flood revision request is approved by FEMA, the area may be developed as shown on the Master Development Plan map and the preliminary plat.
Should the flood revision not be approved, an amended PUD document and preliminary plat will be required.
3. Divided Entry-Manor Drive. The entry drive (Manor Drive) should graphically show the median divided entry. The median should be wide enough to allow landscaping to grow and thrive.
4. Manor Drive Commercial area. The PUD document should state:
a) No parking will be allowed on the private drive referred to as Manor Drive.
b) Trash containers shall not be allowed on Manor Drive unless properly screened and sited so that the City trash pick-up can access the trash receptacles without such receptacles being placed into the Drive.
c) Utility boxes, meters, etc., shall be screened so as to provide a pleasing visual image from the residential area to the west of Manor Drive.

No one appeared and no formal protest was filed with the City Clerk. The public hearing was closed.

Ordinance No. 2350NS was introduced and read aloud.

ORDINANCE NO. 2350NS 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: LOTS ONE (1), TWO (2), THREE (3) AND FOUR (4), BRADLEY'S SECOND ADDITION TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEROF;

AND

A TRACT OF LAND DESCRIBED AS BEGINNING AT A POINT 660 FEET S89º43'27"W AND 350 FEET N00º24'39"W OF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE/4) OF SECTION 8, TOWNSHIP 10 NORTH, RANGE 4 EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE N56º48'15"W A DISTANCE OF 11.04 FEET; THENCE N00º31'36.52"W A DISTANCE OF 967.84 FEET; THENCE S89º72'18.72"E A DISTANCE OF 11.25 FEET; THENCE S00º24"39'E A DISTANCE OF 973.66 FEET TO THE POINT OF BEGINNING.
ACCORDING TO THE RECORDED PLAT THEROF, REZONING SAID PROPERTY FROM PUD OF FIDLER PROPERTIES, A COMMERCIAL DEVELOPMENT TO PUD OF BRYAN ST. DEVELOPMENT, AN AMENDED PUD OF FIDLER PROPERIES AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Schrzan, seconded by Commissioner Collier, to approve the ordinance for a Planned Unit Development subject to Technical Issues 1-4. Motion carried 7-0.

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

Thereupon Mayor Mills declared Ordinance No. 2350NS duly passed and adopted.

AGENDA ITEM NO. 11: Consider approval of the preliminary plat for Bryan Street Development for property located on the NW corner of Independence and Bryan. (Applicant: Bryan Street Development)
Case #S16-08
Deferred from April 7, 2008

The preliminary plat is in general compliance with the proposed PUD amendment. The Planning Commission approved the Preliminary Plat of Bryan Street Addition subject to the Technical Considerations 1-5.


TECHNICAL CONSIDERATIONS:

1. Private Driveways. A note should be placed directly on the Preliminary Plat and each Final Plat stating that all drives on this plat are private drives and not maintained by the public. A homeowners or property owners association must be formed. Covenants should be submitted for review with any final plat.
2. The Fire Department will have final review of drive layout for access and turning radius at corners.
3. Divided Entry-Manor Drive. The entry drive (Manor Drive) should graphically show the median divided entry. The median should be wide enough to allow landscaping to grow and thrive.
4. Manor Drive Commercial area. The PUD document should state:
a) No parking will be allowed on the private drive referred to as Manor Drive.
b) Trash containers shall not be allowed on Manor Drive unless properly screened and sited so that the City trash pick-up can access the trash receptacles without such receptacles being placed into the Drive.
5. Drainage-Reserve A. Should the floodplain not be modified as prescribed, the area may not be developed as shown on the Preliminary Plat or PUD Master Development Plan map. A revised Preliminary Plat will be necessary.

A motion was made by Commissioner Peterson, seconded by Commissioner O’Neal, to approve the preliminary plat for Bryan Street Development subject to Technical Considerations 1-5. Motion carried 7-0.

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

THE COMMISSION DEVIATED FROM THE WRITTEN AGENDA TO CONSIDER AGENDA ITEM NO. 18

AGENDA ITEM NO. 18: Consider Bids:

Two bids were opened for each project and read into record.

a. Rosa Street Paving Project (Kickapoo to Ione) (Open)

BIDDER AMOUNT

Westchester Development
Shawnee, OK 74801 $551,341.00

Rudy Construction Co.
Oklahoma City, OK $636,120.00

Budgeted $395,000.00

A motion was made by Commissioner Peterson, seconded by Commissioner Holt, that bids for the Rosa Street Paving Project be deferred for staff review and consideration at the May 19, 2008 City Commission meeting. Motion carried 7-0.

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

b. Broadway Street Paving Project (Highland to 7th) (Open)

BIDDER AMOUNT

RDNJ, Inc. D/B/A
A-Tech Paving
Edmond, OK $542,221.50

Rudy Construction
Oklahoma City, OK $619,387.50

Budgeted $495,000.00

A motion was made by Commissioner Holt, seconded by Vice Mayor Stephens, to defer bids for staff for review and consideration at the May 19, 2008 City Commission meeting. Motion carried 7-0.

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

c. Rehab Asphalt Streets Paving Project (Open)

BIDDER AMOUNT

RDNJ, Inc. D/B/A
A-Tech Paving
Edmond, OK $1,243,092.50

Rudy Construction
Oklahoma City, OK $1,416,195.00

Budgeted $1,188,968.00

A motion was made by Commissioner Holt, seconded by Commissioner Peterson, that the bids for Rehab Asphalt Streets Paving Project be deferred for staff review and consideration at the next City Commission meeting May 19, 2008. Motion carried 7-0.

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

THE COMMISSION RESUMES CONSIDERATION OF THE WRITTEN AGENDA

AGENDA ITEM NO. 12: Review progress on property located at 1316 E. Fay and consider upholding Administrative Order for Demolition. (Deferred from 4/24/08)

Chief Building Inspector Mike Cox announced that the property owner has elected to demolish the property. Mr. Danny Helton was present representing the property owner. Mr. Helton was informed that the demolition application must be returned to the Planning Department within ten days and the demolition must be accomplished within thirty days from the date of the issuance of the permit.

AGENDA ITEM NO. 13: Presentation from the Shawnee Economic Development Foundation.

Pat McCormick, Executive Director of the Shawnee Economic Development Foundation presented the SEDF Annual Report of Activities from January 1, 2007 through December 31, 2007. Ms. McCormick spoke at length regarding Shawnee’s newest industry, Vanguard Stimulation Services. She also gave updates regarding Shawnee’s established industries and reported on proposals submitted to potential businesses.
Marion McMillian, Chairman of the Shawnee Economic Development Foundation addressed the Commission regarding several topics. He spoke of the cooperative efforts of the City and the SEDF in working with Vanguard officials. Other topics discussed by Mr. McMillian were the SEDF focus on aviation in Shawnee and the condition of the railways that service our industries. He noted that last summer’s record rainfall resulted in Exxon Mobil incurring $400,000 in additional freight costs due to the poor condition of the rails and rail bed.
Mr. McMillian noted that SEDF was requesting the City of Shawnee increase their financial participation from $100,000 to $196,000. This additional money would assist with expanding the SEDF staff from one person to three. He further addressed their own private sector fund raising efforts stating that their base goal was $480,000 with their “challenge” goal set at $600,000 over a five year time period. To date $60,000 has been pledge through their board members and fund raising will be expanded throughout the business community very soon.
Mr. McMillan further urged the Commissioners to proceed with a retail study.

AGENDA ITEM NO. 14: Presentation of suggested revisions to City ordinances related to the Twin Lakes and their contiguous land.

Police Chief Bill Mathis informed the Commission that he and his staff have reviewed sixty ordinances which pertain to the Shawnee Twin Lakes. Chief Mathis has suggested changes to twenty-three of those ordinances and at this time is seeking direction from the Commission on how they wish to proceed in the consideration of the new ordinances. It was determined that the ordinances would be presented at the May 19th meeting with Commissioners considering as many as possible at that meeting.
Any remaining ordinance would be considered at a subsequent meeting.

AGENDA ITEM NO. 15: Update on solid waste disposal service from Toni Gray.

Ms. Toni Gray gave an update to Commissioners regarding Allied Waste Services. Ms. Gray stated that the City receives an average of 2.73 complains per week day, with the majority of the complaints being related to poly carts not being delivered in a timely manner. Ms. Gray presented power-point slides showing instances where some residents have not followed the requirements for curbside pickup. She also gave a report on the recent Spring Cleanup.

AGENDA ITEM NO. 16: Consider reducing the tap fee for the First Church of God.

City Engineer John Krywicki explained that First Church of God is building a new facility located on MacArthur Street. Building codes require the church to tap the 12” water line along MacArthur and to bring a 6” water line to their site to serve a fire hydrant and fire sprinkler at their new facility. The 12” water line was installed as part of the Granada Area Water Improvement District. The City passed an ordinance in 2002 that establishes tap fees for property owners wanting to tie onto the water line but are outside the original water district. The ordinance requires that the First Church of God pay a tap fee of $20,606 for the 6” tap. It is Mr. Krywicki’s belief that the intent of the ordinance increase between 4” and 6” taps was aimed at developers wishing to subdivide property and not at one separate entity making an individual tap. It is Mr. Krywicki’s recommendation that the church be allow to make the 6” tap and be assessed the cost of the 4” tap, which is $6,542.
A motion was made by Commissioner Peterson, seconded by Commissioner Collier, to approve Mr. Krywicki’s recommendation to allow the First Church of God to pay the amount of $6,542 for a 6” tap in the water line.

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

AGENDA ITEM NO. 17: Consider an ordinance calling for a nonpartisan general election and general runoff election for the offices of Mayor and Commissioners of Wards Two, Three and Four; establishing dates for filings and elections; establishing qualifications of candidates and providing for said elections to be conducted by the Pottawatomie County Election Board.

After due and careful consideration, Ordinance No. 2351NS was introduced and read aloud.
ORDINANCE NO. 2351NS ENTITLED “AN ORDINANCE CALLING AND PROVIDING FOR THE HODING OF NONPARTISAN GENERAL AND GENERAL RUNOFF ELECTIONS IN THE CITY OF SHAWNEE, OKLAHOMA, FOR THE PURPOSE OF NOMINATING AND ELECTING CANDIDATES FOR THE OFFICE OF MAYOR, AND THE OFFICES OF CITY COMMISSIONER OF THE SECOND WARD, CITY COMMISSIONER OF THE THIRD WARD AND CITY COMMISSIONER OF THE FOURTH WARD; ESTABLISHING A FILING PERIOD AND QUALIFICATIONS FOR SUCH OFFICES; DESIGNATING THE MANNER OF ELECTING THE VARIOUS CITY OFFICES NAMED HEREIN; PROVIDING FOR SAID ELECTIONS TO BE CONDUCTED BY THE POTTAWATOMIE COUNTY ELECTION BOARD; PROVIDING FOR VOTING BY ABSENTEE BALLOT; AND DECLARING AN EMERGENCY.”

A motion was made by Commissioner Peterson, seconded by Commissioner Holt, that the Title and Ordinance No. 2351NS be approved. Motion carried 7-0.

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

A motion was made by Commissioner Peterson, seconded by Commissioner O’Neal, that Section 6, the emergency clause, be approved. Motion carried 7-0.

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

AGENDA ITEM NO. 19: 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. 20: Administrative Reports

Parks and Cemetery Supervisor James Bryce advised Commissioners of a request for an ordinance change regarding flat markers on burial spaces at Fairview Cemetery. He indicated he would be requesting that double flat markers with disappearing vases be allowed.

Assistant Airport Manager Rex Hennen reported that 99 young people participated in Youth Aviation Day at Shawnee Airport, with 63 receiving their first airplane ride. He also noted that three military Huey helicopters would be at Shawnee Regional Airport on May 18 from 10 – 12 a.m. The helicopters will be stopping here on their way to the Viet Nam Memorial.

AGENDA ITEM NO. 21: Commissioners Comments

Mayor Mills announced that the proposed Sport’s Complex property north of Shawnee Mall is being appraised.

Commissioner Peterson announced that she has been meeting with Tecumseh City Commissioner Linda Prater to work on the Wes Watkins contract. She noted that they have made good progress and may have an agreement ready for review at the May 19th meeting.


AGENDA ITEM NO. 22: Adjournment

There being no further business to be considered, a motion was made by Commissioner Holt, seconded by Vice Mayor Stephens, that the meeting be adjourned. Motion carried 7-0. 9:30 p.m.)

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



_________________________
CHUCK MILLS,
MAYOR
(SEAL)

ATTEST:

PHYLLIS LOFTIS, CITY CLERK




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