BOARD OF CITY COMMISSIONERS PROCEEDINGS
SPECIAL CALLED SESSION
SEPTEMBER 24, 2007 AT 6:30 P.M.
The Board of City Commissioners of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in Special Called Session in the Commission Chambers at City Hall, 9th and Broadway, Shawnee, Oklahoma, Monday, September 24, 2007 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 Timmy Young
Commissioner Ward 3 Commissioner Ward 4
Linda Peterson
Commissioner Ward 5-Vice Mayor
ABSENT: None
Others in attendance were city staff, City Manager Jim Collard, Toni Gray, Stephen Nolen, City Attorney John Canavan, Phyllis Loftis, Jimmy Gibson, David Anderson, Karen Drain, Mike Cox, Nancy McNayr and John Krywicki. Amanda Gire, Shawnee News-Star, and Wayne Trotter, Shawnee Sun were also in attendance. The audience consisted of many members of the building community, including Greg Brown, Greg Cullison, Frank Bryant, Mike Little and Link Cowen.
The Call for said meeting was entered upon the records by the City Clerk, said Call being as follows:
NOTICE OF A CALLED SPECIAL SESSION OF THE BOARD OF CITY COMMISSIONERS OF THE CITY OF SHAWNEE, OKLAHOMA
TO THE BOARD OF COMMISSIONERS OF THE CITY OF SHAWNEE, OKLAHOMA:
You and each of you are hereby notified that by virtue of a call issued by me on this 17th day of September, 2007, a Special Called Session will be held of the Board of Commissioners of the City of Shawnee Oklahoma in the Commission Chambers of City Hall, 16 W. 9th, Shawnee, Oklahoma at 6:30 p.m. on September 24, 2007, and you are hereby notified to be present at said meeting.
The purpose of said meeting will be to reconsider vote on application to rezone property, consider an ordinance to rezone property, a work session to receive staff updates regarding Fire Codes, Building Codes and Development Codes.
Witness my hand this 19th day of September, 2007
(SEAL)
ATTEST:
s/s Phyllis Loftis s/s James C. Collard
PHYLLIS LOFTIS JAMES C. COLLARD
CITY CLERK CITY MANAGER
STATE OF OKLAHOMA, COUNTY OF POTTAWATOMIE, SS.
I received this notice on the 19th day of September, 2007 at 3:00 o’clock p.m., and executed the same by delivering a true and correct copy thereof to the Mayor and to each of the Commissioners of the Board of City Commissioners for the City of Shawnee, Oklahoma as follows:
I delivered a true and correct copy to Mayor Mills in person by Karen Smithson at 8:41 o’clock a.m. on September 20, 2007.
I delivered a true and correct copy to Commissioner Pam Stephens in person by Brenda Price at 8:35 o’clock a.m. on September 20, 2007.
I delivered a true and correct copy to Commissioner Tom Schrzan in person by Mary Jane Schrzan at 9:15 o’clock a.m. on September 20, 2007.
I delivered a true and correct copy to Commissioner Marva O’Neal in person by Bob O’Neal at 4:50 o’clock p.m. on September 20, 2007.
I delivered a true and correct copy to Commissioner _____________________________
in person at ______o’clock ___.m. on ________________________________________
I delivered a true and correct copy to Commissioner _____________________________
in person at ______o’clock ___.m. on ________________________________________
I delivered a true and correct copy to Commissioner _____________________________
in person at _____o’clock ___.m on __________________________________________
Mayor/Commissioner(s): Vice Mayor Linda Peterson, and Commissioner Timmy Young could not be found in the City of Shawnee, Oklahoma on September 21, 2007.
s/s Mike Roberts
Deputy Court Clerk
CALL FOR SPECIAL SESSION OF THE SHAWNEE BOARD OF CITY COMMISSIONERS OF THE CITY OF SHAWNEE, OKLAHOMA TO BE HELD ON THE 24TH DAY OF SEPTEMBER, 2007 AT 6:30 O’CLOCK P.M. IN THE COMMISSIONER CHAMBERS OF CITY HALL, 16 W. 9TH, SHAWNEE, OKLAHOMA FOR THE PURPOSE OF SAID MEETING WILL BE TO RECONSIDER VOTE ON APPLICATION TO REZONE PROPERTY, CONSIDER AN ORDINANCE TO REZONE PROPERTY, A WORK SESSION TO RECEIVE STAFF UPDATES REGARDING FIRE CODES, BUILDING CODES AND DEVELOPMENT CODES.
By virtue of the authority vested in me by Section 4, Article IV of the Charter of the City of Shawnee, Oklahoma, a Special Session of the Board of City Commissioners of the City of Shawnee, Oklahoma is hereby called to meet in Commission Chambers at City Hall, 16 W. 9th, Shawnee, Oklahoma at 6:30 p.m. on September 24, 2007 to reconsider vote on application to rezone property, consider an ordinance to rezone property, a work session to receive staff updates regarding Fire, Building Codes and Development Codes.
Witness my hand this 19th day of September, 2007.
s/s James C. Collard JAMES C. COLLARD
CITY MANAGER
(SEAL)
ATTEST:
s/s Phyllis Loftis
PHYLLIS LOFTIS, CITY CLERK
AGENDA ITEM NO. 1: Reconsider final vote taken at September 17, 2007 City Commission meeting regarding application to rezone property at 722 N. Harrison.
A motion was made by Commissioner O’Neal, seconded by Commissioner Stephens, to reconsider the final vote taken at September 17, 2007 City Commission meeting regarding application to rezone property at 722 N. Harrison. Motion carried 6-0.
AGENDA ITEM NO. 2: Consider an ordinance to rezone property located at 722 N. Harrison from C-1; Neighborhood Commercial to C-3P; Automotive, Commercial & Recreation District with a Conditional Use Permit to allow for a tattoo studio. (Applicant: Louis Hosino)
Ordinance No. 2329S was introduced and read aloud.
ORDINANCE NO. 2329S 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: THE SOUTH 40 FEET OF THE EAST 75 FEET OF THE NORTH HALF (N/2) OF BLOCK NINETEEN (19), RICHARD & MARY’S ADDITION TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM C-1; NEIGHBORHOOD COMMERCIAL TO C-3P; AUTOMOTIVE, COMMERCIAL & RECREATION DISTRICT WITH CONDITIONAL USE PERMIT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”
A motion was made by Commissioner Stephens, seconded by Vice Mayor Peterson, that the Title and Ordinance No. 2329NS be approved. Motion carried 5-1.
AYE: Stephens, Peterson, Schrzan, O’Neal, Mills
NAY: Young
Thereupon Mayor Mills declared Ordinance No. 2329NS duly passed and adopted.
AGENDA ITEM NO. 3: Work session to receive staff updates regarding Fire Codes, Building Codes and Development Codes.
The first item of discussion was in the area of the City’s Development Codes which are currently being updated and revised by Duncan and Associates of Austin, Texas. Mr. Richard Grice appeared before the Commission to discuss the progress being made on the updates and to provide a general overview of the project.
Mr. Grice began his presentation with a brief background and history of Duncan and Associates and then addressed the Unified Development Code. He stated that their initial work plan sought input from city staff and citizens to find out what’s working and what’s not. Previously, modules one, two and three have been presented for review and suggested changes have been made. The ultimate goal is to assemble all modules into a single document. Mr. Grice was present at this meeting to provide the Commission, staff and affected citizens with the UDC changes, to date.
Mr. Grice emphasized the initial direction of the project as follows:
• Draft a Unified Development Code
• Provide modern formatting and layout
• Implement a Comprehensive Plan
• Simplify the development process
• Innovate using best practices
• Make the document user friendly
• Provide graphics and illustrations
• Ensure the UDC is legally sound
Mr. Grice’s power point presentation supplied detailed information regarding the appearance and function of the UDC. One area discussed in detail was the Base District changes. This would change the zoning district terminology, compress some zoning districts and expand others. This change would affect both residential and commercial districts.
Mayor Mills asked Mr. Grice about the city’s lake property, where residents have built homes and reside around the city’s water supply on city owned property. In Mr. Grice’s opinion, this lake area property should have its own zoning district.
Other issues discussed in detail were PUD District changes, RE District options and Cluster Developments benefits.
COMMISSIONER SCHRZAN LEAVES AT 7:20 P.M.
Mr. Grice spoke briefly regarding manufactured housing, explaining that most states were determining that the zoning classification for manufactured housing should be the same as for other single family dwellings.
It was further proposed by Mr. Grice to allow staff approval of final plats. This proposal was presented as a means to expedite the development process.
Several commissioners had questions regarding the presentation of the Summary of Review Authority. It was determined by the Commission that Conditional Use Permits still need to remain a two-step process, with the elected officials (City Commission) having the final decision. In response to a question from Commissioner Stephens, Mr. Grice indicated that all decisions made by staff were appealable to the City Commission.
In closing, Mr. Grice and the Commissioners discussed the next steps regarding the adoption of the proposed consolidated code. Mr. Grice stated that the proposed UDC would be available for review by approximately the first week of October. It was determined that Duncan and Associates would meet with city staff and local developers for a full day of discussion. The City Commission would then be provided the document for review. After all parties are satisfied with the UDC, the public adoption process will begin.
FIRE CODES
David Anderson, Fire Prevention Officer, next spoke with the commission regarding significant changes from the 2003 International Fire Codes to the 2006 edition. Those chapters of the Code with significant changes are in the areas of Administration, General Precautions, Building Services and Systems, Fire Protection Systems and Means of Egress.
One change discussed in greater detail is the prohibition of the burning of incense, candles or other open flame producing items in dormitory sleeping units.
The new code requires fire sprinkler systems in Group A-2 facilities (restaurants, night clubs and banquet halls, etc.) when the occupant load is 100 or more persons. Existing A-2 structures would be exempt from this requirement unless renovations took place that would increase the existing occupancy levels, or if the business has been closed for six months or more.
Because of the lateness of the hour, the Commission decided to delay the presentation and discussion of the building codes to a future meeting
AGENDA ITEM NO. 4: Adjournment
There being no further business to come before the meeting, a motion was made by Commissioner Young, seconded by Vice Mayor Peterson, that the meeting be adjourned. Motion carried 5-0. (8:39 p.m.)
_____________________________________
PHYLLIS LOFTIS, CITY CLERK
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