BOARD OF CITY COMMISSIONERS PROCEEDINGS
MARCH 16, 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, Monday, March 16, 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
Absent 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: Pam Stephens
INVOCATION DR. DAN WILLIAMS FIRST BAPTIST CHURCH
FLAG SALUTE
AGENDA ITEM NO. 1: Consider approval of Agenda:
A motion was made by Commissioner Sims, seconded by Commissioner Holt, to approve Agenda. Motion carried 6-0.
AGENDA ITEM NO. 2: Consider approval of Consent Agenda:
a. Minutes from the March 2, 2009 meeting
b. Appropriation of Revenues – Capital Improvements Fund 301
To record donation from Senator Laster’s office for the purchase of an additional thermal imaging camera
c. Budget Amendment – General Fund 001
To increase federal grant revenues for the Office of Juvenile Affairs and the Oklahoma Highway Safety Office
d. Budget Amendment – General Fund 001 and Fund 521
To budget for a one-time payment to Shawnee Civic and Cultural Development Authority (Expo Center) to reimburse for items incorrectly charged by City from July 1, 2004 through June 30, 2008
e. Budget Amendment – Capital Improvements Fund 301
To budget for additional upgrades to the municipal pool (soft start equipment)
f. Acknowledge the following reports and minutes:
• Shawnee Beautification Committee minutes from February 2, 2009
• Planning Commission meeting minutes from February 4, 2009
• License Payment Report for February 2009
• Project Payment Report for February 2009
• Sales Tax Collections Report through March 2009
g. Acknowledge Worker’s Compensation Settlement in the amount of $8,500.00 to Brian Abbott
h. Lake Site Lease Transfer and Renewals:
Transfer:
• Lot 7 Damron, 33811
From: A. McKean and D. McKean
To: M. Wolfe
Renewals:
• Lot 9 Renfro Tract, 15807 Sleepy Hollow
S. Leader and J. Leader
• Lot 4 North School Tract, 31813 Ingram Road
T. Gentry and T. Gentry
• Lot 6 Coffman Tract, 15305 Perry Road
W. O’Berg and B. O’Berg
• Lot 5 Mosler, 16302 Archery Range Road
C. Sears and T. Sears
i. Authorize Staff to advertise for bids on the Street Division maintenance storage building.
Before voting on the Consent Agenda, Commissioner Harrod requested that Agenda Item No. 2(i), be pulled for separate consideration.
A motion was made by Commissioner Holt, seconded by Commissioner Collier, to approve the Consent Agenda Item No. 2(a-h), less (i) as presented. Motion carried 6-0.
In consideration of Agenda Item No. 2(i), concerning the advertizing for bids on the Street Division maintenance storage building, Commissioner Harrod asked about what it would be constructed of and if it was allocated in the budget. Engineer John Krywicki addressed the questions saying the building would be constructed of metal, insulated, and equipped with three (3) overhead doors and that it was budgeted this fiscal year FY08-09. The Capital Outlay Budget Report shows that $31,000 was originally budgeted from the Street Department account, and the amount is still available. He further indicated that Street Department vehicles, such as the asphalt truck, the street sweeper and the pothole patching truck would be stored inside the structure.
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to authorize staff to advertise for bids on the Street Division maintenance storage building.
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: Mayor’s Proclamations and Presentation:
“Community Development Week”
April 12 – 18, 2009
(accepted by Justin Erickson)
“Fair Housing Month”
April 2009
(accepted by Justin Erickson)
AGENDA ITEM NO. 5: City Manager’s presentation to Joe Punneo, Parks Department, as Employee of the Month.
City Manager Brian McDougal presented a plaque and certificate to Joe Punneo, Parks Department, as the March employee of the month, in recognition of his service and dedication to the City of Shawnee.
Mr. Punneo was present to accept and thanked his fellow co-workers for their teamwork approach.
AGENDA ITEM NO. 6: Presentation of Annual Report for the Pioneer Library Systems by Anne Masters, Director.
Ann Masters of the Pioneer Library System gave the Shawnee Library’s annual report. Ms. Masters reported on increases in circulation, computer use, programs and card holders. She thanked the Commission for their support and the partnership with the library. She spoke briefly of the new improvements to the library in the children’s area and bathrooms and she thanked Interim Director of Operations James Bryce for his assistance in every detail of the renovation. She announced that the Shawnee Library will have an open house on March 30, 2009 from 3:00 – 5:00 p.m.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance to rezone property from A-1; Agricultural to RE; Rural Estates for property located at 1420 E. 45th Street. (Applicant: John and Doris Townsend) Case No. P05-09
Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property located at 1420 E. 45th Street.
Mayor Peterson asked if any person wished to appear in favor of or in protest of the rezone.
Staff report was given by Justin Erickson and it was noted that the subject site is vacant/undeveloped and is classified as “Residential” but zoned agricultural, which requires a minimum lot size of 5.0 acres. The site is 2.87 acres and therefore, a rezone is required prior to issuance of building permit for a residence. Residential zoning is consistent with neighboring properties and the request is not expected to negatively impact public health, safety or welfare. Staff is recommending approval to rezone from A-1 to RE as submitted by applicant.
No others appeared and the public hearing was closed.
Ordinance No. 2398NS was introduced and read aloud.
ORDINANCE NO. 2398NS 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 AT A POINT 200.00 FEET S89°28’21”W OF THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW/4) OF SECTION THIRTY-TWO (32), TOWNSHIP ELEVEN (11) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE S89°28’21”W FOR A DISTANCE OF 200.00 FEET; THENCE N00°34’34”E FOR A DISTANCE OF 625.40 FEET; HENCE N89°28’21”E FOR A DISTANCE OF 200.00 FEET; THENCE S00°34’34”W FOR A DISTANCE OF 625.40 FEET TO THE POINT OF BEGINNING ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO RE; RURAL ESTATES AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”
A motion was made by Commissioner Holt, seconded by Commissioner Winterringer, that the Title and Ordinance No. 2398NS be approved. Motion carried 6-0.
Thereupon Mayor Peterson declared Ordinance No. 2398NS duly passed and adopted.
AGENDA ITEM NO. 8: Public hearing and consider an ordinance to rezone property from R-3; Multi Family and C-3; Automotive, Commercial and Recreational to C-3; Automotive, Commercial and Recreational for property located at 1614 N. Harrison. (Applicant: Steven and Gail Eileen Williams) Case No. P06-09
Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property located at 1614 N. Harrison.
Mayor Peterson asked if any person wished to appear in favor of or in protest of the rezoning.
The staff report was given and it was noted that the site is currently zoned R-3-High Density Residential and C-3; Automotive and Commercial and 2.15 acres in size. The subject site is vacant and there is no specific planned use/structure at this time. The Shawnee Comprehensive Plan designates the area as “Commercial”, and the proposed C-3 zoning district is appropriate for the site. Rezoning the site to C-3 will facilitate future commercial development within the Harrison Avenue commercial corridor. Approval is recommended.
No others appeared and the public hearing was closed.
Ordinance No. 2399NS was introduced and read aloud.
ORDINANCE NO. 2399NS ENTITLE “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 AT A POINT 1025 FEET NORTH OF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE/4) OF SECTION SEVEN (7), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE WEST 496.5 FEET; THENCE NORTH 333 FEET; THENCE EAST 235 FEET; THENCE SOUTH 193 FEET; THENCE EAST 261.5 FEET; THENCE SOUTH 140 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER (SE/4) OF SECTION SEVEN (7), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 1267.47 FEET N00°00'00"E AND 261.50 FEET S89°40'57"W OF THE SOUTHEAST CORNER OF THE SE/4; THENCE S89°40'57"W A DISTANCE OF 235.00 FEET; THENCE N00°00'00"E A DISTANCE OF 90.53 FEET; THENCE N89°40'57"E A DISTANCE OF 235.00 FEET; THENCE S00°00'00"W A DISTANCE OF 90.53 FEET TO THE POINT OF BEGINNING, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM R-3; MULTI FAMILY AND C-3; AUTOMOTIVE, COMMERCIAL AND RECREATION TO C-3; AUTOMOTIVE, COMMERCIAL AND RECREATION, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, that the Title and Ordinance No. 2399NS be approved. Motion carried 6-0.
Thereupon Mayor Peterson declared Ordinance No. 2399NS duly passed and adopted.
AGENDA ITEM NO. 9: Consider approval of (Applicant: John Barrett) Case No. S01-09
The applicant request final plat approval for a 12-lot plat (Jackson’s First Addition) of approximately 5.2 acres in the R-1 Zone. A preliminary plat was approved by the City Commission on December 15, 2008. The proposed use of the site is single-family residential. A stormwater detention pond is proposed in the southwestern extent of the site. The City Engineer has reviewed the engineered drainage, water, and sewer plans that were submitted in support of this proposal and has no objection to approval of the final plat, provided that adherence to the following four (4) conditions:
1. Prior to construction of site improvements, a revised final set of construction plans shall be reviewed and approved by the City Engineer with any required modifications made by the applicant’s engineer of record.
2. Section 40.2.9 of the Shawnee Subdivision Regulations shall be met. A fire hydrant or other alternative approved by the City shall be located within 300 feet of the planned future residence. An approved method shall be shown on the revised construction plans.
3. A note on the recorded plat shall address the cross-access easement and future driveway construction on Lot 10 and Lot 11 unless otherwise approved by the City.
4. Sidewalks shall be constructed along Bradley Street (Collector Street) in accordance with Section 40.2.8 and shall be installed prior to occupancy on each subject lot. A 5-foot passing lane is required (per ADA) every 200 feet and such passing area shall be shown on the improvement plans and constructed as approved.
A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, that the final plat for Jackson’s Addition located at 1804 N. Elm be approved, subject to the four conditions listed above. Motion carried 6-0.
AGENDA ITEM NO. 10: Consider approval of preliminary plat for Northridge Hill located West of Northridge Road and North of Castle Creek. (Applicant: Rick Austin) Case No. S02-09
The applicant requests preliminary plat approval for a 13-lot residential subdivision on 4.0 acres in the R-1 – Single-Family Residential District. The proposed lot sizes are consistent with neighboring residential properties and in accordance with the R-1 Zone. In addition to the proposed 13 building lots, two additional lots (6A, 8A) will be created and may only be used for accessory structures (e.g., a detached garage, etc.) and will have secondary access from Elberta Avenue, a platted “alley” that is 25 feet in width. Water and sewer service are readily available and will be extended to serve each lot. The preliminary plat is in conformance with the City’s zoning and subdivision standards
Staff recommends approval of the proposed Northridge Hill Preliminary Plat as submitted by the applicant, subject to the following 4 conditions:
1. Concurrent with final plat submittal, the applicant shall provide engineered construction plans and specifications for all improvements in accordance with Section 60.2 of the Shawnee Subdivision Regulations.
2. A note on the final plat shall require that Lots 6A and 8A be sold concurrently with Lots 6 and 9 respectfully, and provide that only accessory structures may be erected. A restriction shall also be placed in the recorded covenants and the City will require that a copy of the recorded covenants be submitted when building permits are sought.
3. Street and drainage improvements shall be as approved by the City Engineer and built in accordance with City specifications.
4. All other requirements of the Shawnee Subdivision Standards shall be met.
A motion was made by Commissioner Harrod, seconded by Commissioner Holt, that the preliminary plat for Northridge Hill located west of Northridge Road and north of Castle Creek be approved subject to the four conditions listed above. Motion carried 6-0.
AGENDA ITEM NO. 11: Consider contract with the YMCA for care and use of the ball fields at Dockrey Park.
James Bryce, Interim Director of Operations said that a meeting was held on March 4, 2009 between several interested parties and the YMCA concerning adult softball at Dockery Ball Field. During that meeting the YMCA requested they take over the operations of the ball field. The YMCA reviewed the contract that had previously been signed with the Shawnee Youth Athletic Association for the operation of Lions’ Club Park and requested no changes be made. Staff is recommending that the contract be approved for the YMCA to operate adult softball at Dockery Ball Field.
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, that the contract with the YMCA for care and use of the ball fields at Dockery Park be approved.
AGENDA ITEM NO. 12: Discuss and consider items and projects reviewed by City Commission at Commission Retreat of March 12, 2009.
Mayor Peterson gave a general overview of items discussed at the recent
Commission Retreat. The facilitator asked Commissioners and the City Manager to participate in Discover, Dream, Design and Deliver exercises which sought to strengthen relationships and identify common goals.
The Commission identified areas to explore which requires additional information and set the priorities as follows:
1) WATER RATES;
2) INFORMATION ON PROCESS FOR BONDS, PAYMENTS, ETC.; HOW DOES THE CITY COLLECT/GROW REVENUES
3) CAPITAL NEEDS PLAN AS RELATED TO COMPREHENSIVE PLAN
4) INFORMATION FROM DEPARTMENT HEADS ON COST VS. SERVICES WITHIN THE CITY OF SHAWNEE AND THE OPTION OF HIRING A GRANT WRITER
5) REVIEW “TRASH” CONTRACT AND DOLLARS REQUIRED TO ADD LARGE TRASH COLLECTION/DUMP/PICK-UP TO BE APPROVED.
A motion was made by Commissioner Holt, seconded by Commissioner Winterringer to direct City Manager Brian McDougal to begin arranging informational meetings for the Commission which will address the above issues. Motion carried 6-0.
AGENDA ITEM NO. 13: 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. 14: Administrative Reports
Utilities Director Jim Bierd gave several administrative reports as follows:
1. He explained that water customers will receive another Notice of Violation regarding TOC and THM test results. Mr. Bierd explained that the violation occurred when the city of was out of compliance in February/March of 2008. The Oklahoma Department of Environmental Quality requires that any violation be noted to citizens for one year. Current water test results are within normal ranges, with the current THM level at 38, with DEQ regulations at 80 or under. They are also noting organic levels in Shawnee Twin Lakes trending down.
At this time, a professional engineer is doing an overview of the plant checking on the operations.
2. Mr. Bierd also spoke regarding the on-going rate study, informing Commissioners that it has been determined by staff to look at expanding the capital needs of the SMA to a 10 year plan, rather than 5 years. Since the project has expanded to 10 years, estimated capital needs are 57 million dollars. Mr. Bierd expects to have an answer from John Wolf of Municipal Finance Services regarding how this change will affect proposed rate increases within two weeks.
3. Mr. Bierd announced that the DEQ Consent Order on the sludge ponds should be closed out very soon. DEQ has inspected and approved the clean out of the ponds, but the official paperwork closing out the Consent Order has not yet been received, but is expected shortly. A long-term residual management plan for the maintenance of the sludge ponds has been arranged and will be budgeted annually.
Police Chief Russell Frantz spoke regarding a recent meeting exploring the possibility of re-establishing a warrant officer in Municipal Court. Staff is continuing to examine the issue and is currently looking at different solutions which would increase outstanding warrant receipts.
AGENDA ITEM NO. 15: Consideration and possible action to enter into executive session for confidential communications with legal counsel regarding the pending matters of Alan Borcherding v. City of Shawnee, Case No. CIV-08-1171-R, United States District Court for the Western District of Oklahoma and Alan Borcherding v. City of Shawnee Police Department, WCC# 2008-06364-K, Oklahoma Workers’ Compensation Court, including discussion of current status of each claim and legal representation of each claim upon the advice of legal counsel that public disclosure would seriously impair the ability of the public body to process the pending claims in the public interest all as authorized by 25 O.S. Section 307(B)(4).
A motion was made by Commissioner Holt, seconded by Commissioner Winterringer, to go into Executive Session to consider and possible action for confidential communications with legal counsel regarding the pending matters of Alan Borcherding v. City of Shawnee, Case No. CIV-08-1171-R, United States District Court for the Western District of Oklahoma and Alan Borcherding v. City of Shawnee Police Department, WCC# 2008-06364-K, Oklahoma Workers’ Compensation Court, including discussion of current status of each claim and legal representation of each claim upon the advice of legal counsel that public disclosure would seriously impair the ability of the public body to process the pending claims in the public interest all as authorized by 25 O.S. Section 307(B)(4). Motion carried 6-0.
CITY COMMISSION NOW IN EXECUTIVE SESSION AT 7:50 P.M.
WITH ALL COMMISSIONERS PRESENT
CITY COMMISSION RECONVENED IN REGULAR SESSION AT 8:35
P.M. WITH ALL COMMISSIONERS PRESENT
AGENDA ITEM NO. 16: Consideration and possible action on items discussed in executive session including possible action to authorize the City Manager to retain any needed experts and legal counsel.
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to authorize the City Manager to employ a workers’ compensation attorney as it relates to WCC#2008-06364-K. Motion carried 6-0.
Mayor Peterson thanked staff for the addition of pitchers and cups for coffee and water placed in the Commissioners’ Chambers
Commissioner Sims thanks Commissioner Winterringer for hosting the retreat.
AGENDA ITEM NO. 18: Adjournment
There being no further business to be considered, a motion was made by
Commissioner Sims, seconded by Commissioner Winterringer, that the meeting be adjourned. Motion carried 6-0. (8:44 p.m.)
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