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, July 7, 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
Absent Tom Schrzan
Commissioner Ward 1-Vice Mayor Commissioner Ward 2
Marva O’Neal Billy Collier
Commissioner Ward 3 Commissioner Ward 4
Linda Peterson Absent
Commissioner Ward 5 Commissioner Ward 6
ABSENT: Stephens, Holt
INVOCATION REV. DAVID HENRY CALVARY BAPTIST CHURCH
FLAG SALUTE Mayor Chuck Mills
AGENDA ITEM NO. 1: Consider approval of Agenda:
A motion was made by Commissioner Peterson, seconded by Commissioner O’Neal, to approve the Agenda. Motion carried 5-0.
AGENDA ITEM NO. 2: Consider approval of Consent Agenda:
a. Minutes from the June 16, 2008 and June 24, 2008 meetings.
b. Acknowledge the following reports and minutes:
• Sister Cities Council minutes from May 13, 2008
• Shawnee Civic and Cultural Development Authority minutes from May 15 and May 22, 2008
• Traffic Commission minutes from May 27, 2008
• Shawnee Public Library Advisory Board minutes from October 9, 2007 and January 8, 2008
• Airport Advisory Board minutes from April 16, 2008 and May 21, 2008
• Planning Commission minutes from June 4, 2008
c. Acknowledge Shawnee Civic and Cultural Development Authority Audit report for FY ending December 31, 2007.
d. Approve renewal of the agreement with Shawnee Civic and Cultural Development Authority for FY July 1, 2008 through June 30, 2009.
e. Approve Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Alan Blankenship.
f. Acknowledge a $100.00 donation from Mr. and Mrs. Clarence and Jeanne Mullins to the Fire Department.
g. Authorize staff to advertise for bids on replacement of the outfall line at the Southside Wastewater Treatment Plant.
h. Approve renewal of the agreement with Shawnee Mall for Police Department sub-station space.
i. Approve out-of-state travel for the following personnel and locations:
• Mr. Chris Thomas and Corporal Dan Shumaker to attend a national conference relating to our Oklahoma Highway Safety Office Grant which will be held in Nashville, Tennessee. The conference will be held on August 21-23, 2008. All costs for this trip will be reimbursed to the SPD by the Oklahoma Highway Safety Office Grant.
• Officer Jason Crouch and Officer Alan Nichols to attend the “Ethics Train the Trainer Course” which will be held at The Center for American and International Law in Plano, Texas on September 15-19, 2008. Estimated cost: $2,000.00
• Sgt. Rod Taylor and Sgt. Mason Taylor to attend the “School of Police Supervision Course” which will be held at The Center for American and International Law in Plano, Texas on October 6-31, 2008. Estimated cost: $6,000.00.
• Detective/Corporal Julie Huskins to attend the “Professional Standards and Ethics Course” which will be held at The Center for American and International Law in Plano, Texas on October 1-26, 2008. Estimated cost: $1,300.00.
j. Approve contract amendment No. 4 with LBR, Inc., for cost of Construction Testing and Inspection for the following project: “Reconstruct a Portion of the Apron Serving Hangars 13 and 49, COS Project No. COS-PW-07-09, FAA AIP Project No. 3-40-0088-012-2008”.
k. Approve out-of-state travel for Robert Simon and Kelly Navrath to attend the TYMCO Street Sweeper Training School in Waco, TX from July 21-23, 2008.
l. Lakesite Lease Transfer
Deferred from June 16, 2008
Lot 3A, Johnston Tract, 16804 Magnino Road
To: R. & S. Hughes
From: L. & H. Cowen
m. Mayor’s appointment of Mr. Shelby Hampton to replace Mr. Clayton Lewis to the Traffic Commission, term to expire 01-01-11.
n. Approve Traffic Commission recommendations from the June 24, 2008 meeting.
A. Consideration of request from Commissioner Linda Peterson to mark pedestrian crossing at the intersection of Independence and Bryan.
RECOMMENDATION: Board recommends approval.
B. Consideration of request from Commissioner Linda Peterson to pay the monthly electrical charge for having a street light placed by OG&E on North Beard Street directly north or south of 2120 North Beard.
RECOMMENDATION; Board recommends approval.
C. Consideration of request from Citizen Potawatomi Nation, 1601 South Gordon Cooper Drive, Shawnee, OK 74801, to pay for the monthly electrical charges for all street lights on Gordon Cooper Drive south of the river bridge to Hardesty Road.
RECOMMENDATION; Board recommends to defer request until it receives further information from staff, Citizen Potawatomi Nation and/or OG&E.
D. Consideration of request from Citizen Potawatomi Nation, 1601 South Gordon Cooper Drive, Shawnee, OK 74801, to pay for the monthly electrical charges for all street lights on Hardesty Road from Gordon Cooper Drive to Highway 177.
RECOMMENDATION: Board recommends denial.
Before voting on the Consent Agenda, a request was made to pull Agenda Item 2 (d), (i), and (nC), to be considered separately.
A motion was made by Commissioner Peterson, seconded by Commissioner Schrzan, to approve Consent Agenda Item No. 2 (a-nD), less (d, i, nC), as presented. Motion carried 5-0.
Under Consent Agenda Item 2(d), renewal of the agreement with Shawnee Civic and Cultural Development Authority for FY July 1, 2008 through June 30, 2009, a noted change needed to be made to paragraph 6.
A motion was made by Commissioner Peterson, seconded by Commissioner Schrzan, to approve contract with noted change. Motion carried 5-0.
After a lengthy discussion concerning out-of-state travel for Police Department personnel for training, a motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to approve out-of-state training for Chris Thomas, Corporal Dan Shumaker, and Officers Jason Crouch, and Alan Nichols, and deny training for Sgt. Rod Taylor, Sgt. Mason Wilson, and Detective/Corporal Julie Huskins. Motion fails 2-3.
Therefore, a second motion was made by Commissioner Collier, seconded by Commissioner Peterson, to approve all out-of-state travel for all Police Department personnel listed. Motion carried 3-2.
Under Consent Agenda Item 2 (nC), concerning the request from Citizen Potawatomi Nation, to pay for the monthly electrical changers for all street lights on Gordon Cooper Drive south of the river bridge to Hardesty Road. City Engineer John Krywicki reported the light poles that were in the right-of-way were of no concern, but some of the lights were not in the right-of-way and that was the issue to be addressed.
A motion was made by Commissioner Peterson, seconded by Commissioner Collier, to approve Traffic Commission’s recommendation and defer until further information is received from staff, CPN and/or OG&E. Motion carried 5-0.
AGENDA ITEM NO. 3: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 4: Presentation to Shawnee Police Department Officer of the Quarter, Sergeant Rod Taylor.
Police Chief Bill Mathis presented an Officer of the Quarter award to Sergeant Rod Taylor of the Shawnee Police Department for his service to the City of Shawnee. Sergeant Taylor was present to accept.
AGENDA ITEM NO. 5: City Managers Presentation to Employee of the Month, Fred Couch, Utility Division Meter Reader.
Interim City Manager Phyllis Loftis presented a plaque and gift certificate to Fred Couch, Utility Division Meter Reader, as the July employee of the month, in recognition of his dedicated services to the City of Shawnee. Mr. Couch was present to accept.
AGENDA ITEM NO. 6: A public hearing and consider an ordinance rezoning property located at 712 E. Highland from R-1; Residential to C-3; Automotive, Commercial and Recreational for use as a parking lot. (Applicant: John Weger obo Shawnee Auto Mall) Case #P01-08 Deferred from May 19, 2008
Staff considers the proposed rezoning to C-3; Automotive, Commercial & Recreation not to be in conformance with the Comprehensive Plan and Future Land Use Map. This property does not meet the minimum lot size requirements to be rezoned to either of these categories. Should the property owner wish to pursue higher intensity uses on this lot, it is appropriate to submit a Planned Unit Development application proposing how they would buffer and protect the residential areas from more intense commercial uses.
A motion was made by Commissioner Peterson, seconded by Commissioner Collier, to defer to August 18 City Commission meeting with PUD. Motion carried 5-0.
AGENDA ITEM NO. 7: A public hearing and consider an ordinance for approval to rezone property located at 1801 W. MacArthur, from C-1; Neighborhood Commercial to C-1P; Neighborhood Commercial with a Conditional Use Permit to allow for the sale of furniture and home furnishings for property. (Applicant: Kermit Milburn) Case P19-08 Deferred from June 16, 2008
Mayor Mills declares a public hearing in session to consider an ordinance to rezone property located at 1801 W. MacArthur.
Mayor Mills asked if any person wished to appear in favor of or in protest of the rezoning.
Kermit Milburn is requesting the property be allowed the usage as it was before the zoning came into effect in 1973. The new tenants want to live on the south side of the property and have their antique furniture business in the building on the north side of the property. This was the usage since the house was built in 1960 except for a short period of time when the structures were vacant.
Ben Kirk appeared before the council representing the applicant, explaining that the applicant wishes to establish a commercial activity in the north structure, yet leave the non-conforming residential use in the south structure. Although this property is zoned C-1, the historic use is residential. Since the home occupation had been discontinued for over a period of 6 months, the use allowed in the north structure is limited to personal storage, personal garage activities, or other legal home occupation uses. The intent is to apply for a split lot and go through the Board of Adjustment for any variance that might be needed.
The applicant wants a temporary occupancy permit which would give them time to work out issues such as the driveway, parking, sidewalks, and entry to the business.
Planning Consultant Nancy McNayr gave the staff report that with the current zoning codes, every direction the Planning Commission tries to go, there is a problem.
Commissioner Peterson suggested the City Manager, City Attorney, and the Code Enforcement Officer meet as soon as possible to find a solution to let the property remain as it has been. There should be a way to make the non-conforming residential/commercial work for the property owner.
No others appeared and the public hearing was closed.
After due and careful consideration Ordinance No. 2363NS was introduced and read aloud.
ORDINANCE NO. 2363NS 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: LOT ONE (1), BLOCK TWO (2), GOLDEN ACRES ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY; OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM C-1; NEIGHBORHOOD COMMERCIALTO 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 Peterson, seconded by Commissioner Schrzan, that the Title and Ordinance No. 2363NS be approved. Motion carried 5-0.
Thereupon Mayor Mills declared Ordinance No. 2363NS duly passed and adopted.
AGENDA ITEM NO. 8: A public hearing and consider an ordinance for approval to rezone property located at 304 E. MacArthur from R-3; Multi-Family to C-3; Commercial and Recreation. (Applicant: Eric and Loree Hopkins) Case 22-08 Referred back from June 16, 2008
Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 304 E. MacArthur.
Mayor Mills asked if any person wished to appear in favor of or in protest of the ordinance.
Staff report was given and it was noted that the proposed 2.18 acre site not to be in conformance with the Comprehensive Plan and Future Land Use Map, therefore, suggesting that C-2; Suburban Office Commercial District is a more appropriate zoning district to be located next to residential uses utilizing buffers, transition land uses, or logical and appropriately placed commercial uses. The applicants withdrew their request, however, the property owners wished to continue with the C-2; Suburban Office Commercial District zoning.
No others appeared and the public hearing was closed.
Ordinance No. 2364NS was introduced and read aloud.
ORDINANCE NO. 2364NS 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: THE SOUTH 205 FEET OF THE WEST HALF (W/2) OF LOT TEN (10) AND THE WEST HALF (W/2) OF LOT NINE (9) AND THE EAST 15 FEET OF THE WEST 180 FEET THE SOUTH 200 FEET OF LOT NINE (9) OF THE AMENDED PLAT OF LOTS 8 THROUGH 15 OF KELLY’S ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA; AND THE EAST 25 FEET OF VACATED PHILADELPHIA STREET LYING IMMEDIATELY WEST OF AND ADJACENT TO THE ABOVE DESCRIBED LANDS REZONING SAID PROPERTY FROM R-3; MULTI FAMILY TO C-2; SUBURBAN OFFICE; 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. 2364NS be approved. Motion carried 5-0.
Thereupon Mayor Mills declared Ordinance No. 2364NS duly passed and adopted.
AGENDA ITEM NO. 9: A public hearing and consider an ordinance for approval of a Conditional Use Permit to allow for the sale of beer and alcohol for on premise consumption in C-4; Central Business District for property located at 118 E. Main. (Applicant: Kevin Bentley) Case P23-08
Mayor Mills declared a public hearing in session to consider an ordinance for a Conditional Use Permit.
Mayor Mills asked if any person wished to appear in favor of or in protest of the permit.
The following members of the audience appeared in protest: Russell Cook, Glenn Peck, Harold Brown, Theresa Cody, Nick Shepherd, Bill Donovan, Diana Black, Todd Fisher, Kermit Milburn, Fran Patterson, Pat London, Bill Ford, Dawn Ramsey, and Mary Vincent.
When Mayor Mills asked if any person wished to appear in favor of the permit, the applicant, Mr. Kevin Bentley came forward. Mr. Bentley had thought Shawnee was in need of an Entertainment District and he would like to bring his additional business back to his hometown. After hearing the comments from the businesses and citizens’ present Mr. Bentley withdrew his application stating that he had changed his mind and will look for a new location.
No others appeared and the public hearing was closed.
A motion was made by Commissioner Schrzan, seconded by Commissioner Peterson, to accept applicants withdrawal for Conditional Use Permit for the sale of beer and alcohol located at 118 E. Main. Motion carried 5-0.
AGENDA ITEM NO. 10: A public hearing and consider an ordinance for approval of a Conditional Use Permit to allow for the sale of beer for off premise consumption in C-3; Automotive, Commercial and Recreation District for property located at 1527 N. Kickapoo and a Conditional Use Permit to allow for the sale of beer and alcohol for off premise consumption in C-3; Automotive, Commercial and Recreation District for property located at 1529 N. Kickapoo. (Applicant: James D. Brooks dba Red Ball Liquor Store and Party Shop) Case P24-08
Mayor Mills declared a hearing in session to consider an ordinance for a Conditional Use Permit for property located at 1527 N. Kickapoo.
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 application originally included a lot east of the alley. The applicant has withdrawn this area (being Lot 11, Block 1 of Penn’s Addition) from the application. The Conditional Use Permit request is for Lot 6 and Lot 7, Block 1 Penn’s Addition, being 14,000 square feet. Staff recommends approval upon all required state and local permits being received by the operators.
No others appeared and no written protest was filed with the City Clerk’s office.
After due and careful consideration Ordinance No. 2365NS was introduced and read aloud.
ORDINANCE NO. 2365NS 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 SIX (6) AND SEVEN (7), BLOCK ONE (1), PENN’S ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM C-3; AUTOMOTIVE, COMMERCIAL & RECREATION DISTRICT TO C-3P; AUTOMOTIVE, COMMERCIAL & RECREATION DISTRICT 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. 2365NS be approved. Motion carried 5-0.
AGENDA ITEM NO. 11: Consider proposed changes to the Shawnee Subdivision Regulations Section 40.2.8 Sidewalks; and consider setting a filing fee and notice requirements.
The proposed ordinance change does not address filing fees or notice requirements for the variance outlined in Section 40.2.8.F Appeal for Variance to the Planning Commission. Staff recommends the following be considered:
Section 40.2.8.F Appeal for Variance to the Planning Commission
3. Fee. An appeal for a variance as outlined under Section 40.2.8.F.3 shall require a fee of $90.00.
4. Notice. An appeal for a variance as outlined under Section 40.2.8.F.3 shall require Notice of Public Hearing before the Planning Commission; notice shall be given by publication in a newspaper of general circulation in the municipality; notice shall be published at least ten (10) days prior to the hearing; notice of a public hearing before the Planning Commission shall contain;
a) Legal description of the property and the street address or approximate location in the municipality;
b) Present land use of the property and the nature of the variance requested; and
c) Date, time, and place of the hearing.
Staff recommends adoption of the proposed amendment to Section 40.2.8 (referred to as the Shawnee Sidewalk Ordinance); Staff also recommends the Planning Commission consider the addition of Section 40.2.8.F.3 and Section 40.2.8.F4 as outlined above.
Ordinance No. 2366NS was introduced and read aloud.
ORDINANCE NO. 2366NS ENTITLED “AN ORDINANCE RELATING TO SIDEWALKS, AMENDING THE SUBDIVISION REGULATIONS OF THE CITY OF SHAWNEE, OKLAHOMA, ARTICLE IV, SECTION 40.2.8, SIDEWALKS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.”
A motion was made by Commissioner Peterson, seconded by Commissioner Collier, that the Title and Ordinance No. 2366NS be approved. Motion carried 5-0.
Section 3, the emergency clause, was not voted on.
Thereupon Mayor Mills declared Ordinance No. 2366NS duly passed and adopted.
AGENDA ITEM NO. 12: Consider contract with the Oklahoma Municipal Assurance Group to share MILO system training with the Shawnee Police Department.
Chief Mathis stated that many of the smaller police departments did not have the equipment to provide the training that is available in Shawnee. The Oklahoma Municipal Assurance Group would like to make use of our MILO system and classroom facilities as well as be trained by Shawnee Police Department personnel. OMAG would then use our facilities and equipment to train other law enforcement agencies.
A motion was made by Commissioner Peterson, seconded by Commissioner Collier, to approve contract with the Oklahoma Municipal Assurance Group to share MILO system training with the Shawnee Police Department. Motion carried 5-0.
AGENDA ITEM NO. 13: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Hybrid plan for Matthew Orvin.
A motion was made by Commissioner Peterson, seconded by Commissioner O’Neal, to approve Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Hybrid plan for Matthew Orvin. Motion carried 5-0.
AGENDA ITEM NO. 14: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Hybrid and Defined Contribution plan for Sterling Hastings.
A motion was made by Commissioner Schrzan, seconded by Commissioner Collier, to approve Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Hybrid and Defined Contribution plan for Sterling Hastings. Motion carried 5-0.
AGENDA ITEM NO. 15: Consider authorizing staff to proceed with tree removal from landowners’ property as part of the Northridge Drainage Project.
City Engineer John Krywicki reported that during the replacement of two large storm water culverts in the Northridge Addition, there was considerable damage done to the property at 30 Northridge. It was necessary to go outside of the easement to complete this project. Much of the landscaping and lawn was damaged. All the trees in the back yard were removed except one. The homeowner has agreed to accept the removal of the tree and $1,200.00 as compensation for damage and landscape that had to be removed.
A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to proceed with tree removal from landowners’ property as part of the Northridge Drainage Project. Motion carried 5-0.
AGENDA ITEM NO. 16: 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. 17: Administrative Reports
John Krywicki reported that notes and flyers had been sent out to inform residents and businesses when the expected road work would begin for street projects in their areas. Rosa Street project should begin July 9 and Main and Broadway streets should begin the week of July 18. Commission Schrzan inquired about the time frame for Glen Collins Park at the Shawnee Twin Lakes. Mr. Krywicki reported it would be later in the summer and would take approximately two weeks.
Chief Mathis reported on the new Explorers Program the police department is sponsoring. It will be for ages 14-21 and officers are volunteering their time. A presentation will be made to the public on Tuesday, July 29 for interested teens and parents.
AGENDA ITEM NO. 18: Commissioners Comments
Commissioner Peterson thanked all the organizers and participants in the boat parade at Shawnee Twin Lakes and the fireworks display and concert at the Expo Center. She commented there are a lot of things going on in Shawnee right now.
AGENDA ITEM NO. 19: Adjournment
There being no further business to be considered, a motion was made by Commissioner Schrzan, seconded by Commissioner Peterson, that the meeting be adjourned.
Retrieved from http://www2.shawneeok.org/publicsite/documents/archive/DocFull.asp on 4/26/2024 11:38:57 AM by 13.58.244.216 NOTICE: This is NOT an official document. All official documents are maintained by the Shawnee City Clerk at Shawnee City Hall. This document is provided as a public information device. Please contact City Hall at 405-878-1604 for official documents.