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Date: 9/8/2015Board: City CommissionDocumentType: MinutesWeb Posted: 9/22/2015 3:38:00 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
SEPTEMBER 8, 2015 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, September 8, 2015 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Mainord presided and called the meeting to order. Upon roll call, the following members were in attendance.

Wes Mainord
Mayor

Vacant Linda Agee Commissioner Ward 1 Commissioner Ward 2

James Harrod Keith Hall Commissioner Ward 3-Vice Mayor Commissioner Ward 4

Lesa Shaw Micheal Dykstra Commissioner Ward 5 Commissioner Ward 6

ABSENT: None
INVOCATION The Lord’s Prayer
FLAG SALUTE Led by Mayor Mainord

AGENDA ITEM NO. 1: Consider approval of Consent Agenda:

1. Consider approval of Consent Agenda:

a. Minutes from the August 17, 2015 regular meeting and August 31, 2015 Special Call meeting.

b. Acknowledge the following minutes:
• Traffic Commission Minutes from October 28, 2014
• Shawnee Beautification Committee Minutes from July 9, 2015
• Shawnee Civic and Cultural Development Authority Minutes from June 18, 2015 regular meeting and July 20, 2015 Special Call meeting
• Planning Commission Minutes from August 5, 2015

c. Budget Amendment – 2015 CDBG Entitlement Grant Fund
Allocate awarded funds for 2015-2016 CDBG Grant

d. Traffic Commission Recommendations

A. Consideration of request by Staff, to have “No Parking” at any time along Plaza Drive from Kickapoo east on both sides of the street.

STAFF RECOMMENDATION: Staff recommends approval of request.
BOARD RECOMMENDATION: Board recommends approval of request.

B. Consideration of request by Nicole Knapp, to have “No Parking” at any time along W. Slover Street from Leo Street west to the Canadian river on both sides of the street.

STAFF RECOMMENDATION: Staff recommends approval of request.
BOARD RECOMMENDATION: Board recommends approval of request.

C. Consideration of request by Staff, to make a formal request to ODOT that the traffic signal at the intersection of Kickapoo and 45th Street be upgraded to a camera system.

STAFF RECOMMENDATION: Staff recommends approval of request.
BOARD RECOMMENDATION: Board recommends approval of request.

e. Lake Lease Renewals/Transfers:

RENEWALS:
• Lot 2 Magnino A Tract, 17004 Magnino Rd
Lessees: Carl Head and Roy Denz


TRANSFERS:
• Lot 1 Seck Tract, 33700 Post Office Neck
From: Thomas Giddens
To: Dustin Bodkin
• Lot 5 Mosler Tract, 16302 Archery Range Rd.
From: Christopher and Toni Sears
To: Dean and Beverly Mabry
• Lot 4 Magnino A Tract, 17100 Magnino Rd.
From: Mark White
To: Monica and Joshua Freed
• Lot 16 Belcher Tract
From: Jason Hays and Christopher Barks
To: John Hays and Jason Hays

f. Authorize staff to apply for sub-grant of 2016 Emergency Management Performance Grant funds from the Oklahoma Department of Emergency Management.

g. Mayor’s Appointments:

Airport Advisory Board
Donald Freeman Term to Expire 07/01/2016 Partial Term
Replaces Terry Toole - Resigned

A motion was made by Vice Mayor Harrod, seconded by Commissioner Shaw, to approve Consent Agenda Item No. 1(a-g). Motion carried 6-0.

AYE: Harrod, Shaw, Dykstra, Agee, Mainord, Hall
NAY: None

AGENDA ITEM NO. 2: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)

There was no Citizens Participation.

AGENDA ITEM NO. 3: Mayor’s Proclamation:
“POW/MIA Recognition Day”
September 18, 2015

Barbara White accepted the Mayor’s Proclamation for “POW/MIA Recognition Day” presented by Mayor Mainord.

AGENDA ITEM NO. 4: Presentation by City Manager to Employee of the Month, Elizabeth Jill Smith, Accounting.

Jill Smith was present to accept the Employee of the Month Certificate presented by City Manager Justin Erickson.

AGENDA ITEM NO. 5: Consider a resolution approving a Project Maintenance Agreement with the Oklahoma Department of Transportation (ODOT) for maintenance of safety improvements to traffic signals at the intersections of US‐177 with 45th Street and with Hardesty Road.

A staff report was given by City Engineer John Krywicki, stating that staff recommends approval. Mr. Krywicki gave details on the project, noting that Oklahoma Department of Transportation will design and bid the projects and the City of Shawnee will be responsible for maintenance once completed.

Resolution No. 6500 was introduced.

A RESOLUTION APPROVING A PROJECT MAINTENANCE AGREEMENT WITH THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF SAFETY IMPROVEMENTS TO TRAFFIC SIGNALS AT THE INTERSECTIONS OF US‐177 WITH 45TH STREET AND WITH HARDESTY ROAD.

A motion was made by Vice Mayor Harrod , seconded by Commissioner Dykstra , to approve a resolution approving a Project Maintenance Agreement with the Oklahoma Department of Transportation (ODOT) for maintenance of safety improvements to traffic signals at the intersections of US‐177 with 45th Street and with Hardesty Road. Motion carried 6-0.

AYE: Harrod, Dykstra, Agee, Mainord, Hall, Shaw
NAY: None

AGENDA ITEM NO. 6: A public hearing and consideration of approving an ordinance to rezone with a Conditional Use Permit for property located at 31701 Ingram Rd. from A-1; Rural Agricultural to A-1P; Rural Agricultural with Conditional Use Permit. Case #P12-15 Applicant: Jackie Johnson

A staff report was given by Justin DeBruin, Community Development Director. Mr. DeBruin noted that the primary residence is an 1800 square foot structure and the existing guest cottage is approximately 600 square feet. Both properties are in good condition. The lake lot is located on land owned by the Commissioners of the Land Office, who have no objection to this request. Mr. DeBruin said that the Planning Commission, as well as staff, recommends approval of this ordinance.

Mayor Mainord declared a public hearing in session to consider an ordinance to rezone with a Conditional Use Permit for property located at 31701 Ingram Rd. from A-1; Rural Agricultural to A-1P; Rural Agricultural with Conditional Use Permit. No one appeared in favor or against said rezoning and the public hearing was closed.

A motion was made by Commissioner Agee, seconded by Commissioner Shaw, to approve the ordinance to rezone with a Conditional Use Permit for property located at 31701 Ingram Rd. from A-1; Rural Agricultural to A-1P; Rural Agricultural with Conditional Use Permit.

Ordinance No. 2572NS was introduced.

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 12 SHAWNEE SCHOOL LAND PLAT, IN S/2 & SE/4NE/4 SEC16-10N-02EIM, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM A-1; RURAL AGRICULTURAL TO A-1P; RURAL AGRICULTURAL WITH CONDITIONAL USE PERMIT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 6-0.

AYE: Agee, Shaw, Dykstra, Harrod, Mainord, Hall
NAY: None

Ordinance No. 2572NS was adopted by the City Commission.

AGENDA ITEM NO. 7: A public hearing and consideration of approval of an ordinance to rezone property located at Shawnee Mall Drive, west of Union Street, CP; Planned Shopping Center District to C-3; Highway Commercial. Case #P13-15 Applicant: A-OK, LLC

A staff report was given by Justin DeBruin, Community Development Director. Mr. DeBruin noted the location of the property is west of Panda Express on Mall Drive. He gave a brief zoning history of the property stating that the Planning Commission, as well as staff recommends approval of this ordinance.

Mayor Mainord declared a public hearing in session to consider an ordinance to rezone property located at Shawnee Mall Drive, west of Union Street, CP; Planned Shopping Center District to C-3; Highway Commercial. No one appeared in favor or against said rezoning and the public hearing was closed.

A motion was made by Commissioner Hall, seconded by Commissioner Shaw, to approve the ordinance to rezone property located at Shawnee Mall Drive, west of Union Street, CP; Planned Shopping Center District to C-3; Highway Commercial.

Ordinance No. 2573NS was introduced.

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 THAT IS PART OF LOT TWO (2), BLOCK "A" OF THE RECORDED PLAT OF SHAWNEE MALL SUBDIVISION IN THE NORTHWEST QUARTER (NW/4) OF SECTION THIRTY-ONE (31), TOWNSHIP ELEVEN (11) NORTH, RANGE FOUR (4) EAST OF THE INDIAN BASE AND MERIDIAN, POTTAWATOMIE COUNTY, STATE OF OKLAHOMA, SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 8,BLOCK "A" OF THE SAID PLAT; THENCE SOUTH 00°00'57" WEST A DISTANCE OF 50.27 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°00'57" WEST A DISTANCE OF 136.00 FEET; THENCE NORTH 89°58'57" WEST A DISTANCE OF 193.00 FEET; THENCE NORTH 00°00'57" EAST A DISTANCE OF 136.00 FEET; THENCE SOUTH 89°58'57" EAST A DISTANCE OF 193.00 FEET TO THE POINT OF BEGINNING, CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA. ACCORDING TO THE RECORDED PLAT THEREOF REZONING SAID PROPERTY FROM CP; PLANNED SHOPPING CENTER DISTRICT TO C-3; HIGHWAY COMMERCIAL AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 6-0.

AYE: Hall, Shaw, Dykstra, Agee, Harrod, Mainord
NAY: None

Ordinance No. 2573NS was adopted by the City Commission.

AGENDA ITEM NO. 8: Consideration of approval of a Preliminary Plat for Sac & Fox Apartments located off Kimberly Street, Shawnee, OK. Case #S11-15 Applicant: Sac & Fox Nation Housing Authority

A staff report was given by Justin DeBruin, Community Development Director, stating that staff recommends approval of this preliminary plat.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Shaw, to approve the preliminary plat for Sac & Fox Apartments located off Kimberly Street, Shawnee, OK, with the following conditions:

1. Final construction documents must be approved by the City Engineer concurrent with Final Plat approval.
2. The final engineered drainage plan must be approved by the City Engineer concurrent with Final Plat approval.
3. Landscape Plans will be required concurrent with Final Plat approval.
4. A six (6’) foot sidewalk shall be required along Highland Street within dedicated street Right-of-Way.
5. All other applicable City standards apply.

Motion carried 6-0.

AYE: Harrod, Shaw, Dykstra, Agee, Mainord, Hall
NAY: None.

AGENDA ITEM NO. 9: Discussion, consideration and possible action on Raymond Lutomski’s appeal of an Administrative Order requiring the demolition of the residential structure located at 1235 East Edwards.

A staff report was given by Justin DeBruin, Community Development Director. He explained to the Commission the administrative hearing process and that Mr. Lutomski failed to appear at the hearing. The notice of hearing was posted on the property, mailed to the last known owner of the property and published in the Shawnee News Star. However, Mr. Debruin noted that in light of this property belonging to Mr. Lutomski’s father and it not coming into the possess of Mr. Lutomski until recently, he would recommend allowing sixty (60) days for Mr. Lutomski to decide how he wishes to proceed with the cleaning up of this property. A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve a sixty (60) day extension of the administrative hearing order for the property located at 1235 East Edwards. Motion carried 6-0.

AYE: Hall, Harrod, Mainord, Shaw, Dykstra, Agee
NAY: None

AGENDA ITEM NO. 10: Discussion, consideration and possible action on an ordinance providing for a Technology Fee and a Radio Fee to be added to fines.

Police Chief Russell Frantz spoke to the Commission regarding the potential benefits this additional fee will have for Shawnee Police Department and the Municipal Court. He stated the additional income generated by this fee may bring in between $25,000 and $30,000 annually and would be used to offset the costs of radios and e-ticketing devices.

A motion was made by Commissioner Shaw, seconded by Commissioner Hall, to approve the ordinance providing for a Technology Fee and a Radio Fee to be added to fines.

Ordinance No. 2574NS was introduced.

AN ORDINANCE REPEALING AND AMENDING SECTION 1-10 OF THE SHAWNEE MUNICIPAL CODE, RELATING TO PENALTIES, FINES AND FEES; PROVIDING FOR A TECHNOLOGY FEE; PROVIDING FOR A COMMUNICATIONS SUPPORT FEE; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND DECLARING AN EMERGENCY.

Motion carried 6-0.

AYE: Shaw, Hall, Dykstra, Agee, Harrod, Mainord
NAY: None

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve emergency clause relating to Ordinance No. 2574NS. Motion carried 6-0.

AYE: Harrod, Hall, Shaw, Dykstra, Agee, Mainord
NAY: None

AGENDA ITEM NO. 11: Presentation and discussion regarding the proposed Bryan Street Interchange Project.

City Manager Justin Erickson provided a PowerPoint presentation showing the timeline of events that have previously occurred regarding the proposed Bryan Street Interchange Project. Mr. Erickson concluded the presentation by answering questions from Commissioners. He further noted that nothing has been done by the City or the Oklahoma Department of Transportation on this proposed project since April, 2010. Commissioner Shaw suggested we continue the discussion of this issue at the Commission retreat scheduled for September 14, 2015.

No action was taken.

AGENDA ITEM NO. 12: 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. 13: Commissioners Comments

Vice Mayor Harrod spoke about the new law going into effect in November, regarding texting and driving. He asked if the City needs to adopt a similar ordinance and stated that he had been informed that other cities had already done so. City Attorney Mary Ann Karns said she is reviewing all laws going into effect November 1st to see what response the City may need to take in regard to any of the new state laws.

Commissioner Shaw stated that the Pioneer Library System continues to be busy with around 380,000 people in their service area.
Commissioner Shaw thanked whomever has been weed eating along Bryan Street, and also asked that the property owners at the corner of Bryan and Bradley Street please mow their property.

Commissioner Agee addressed the Ward 1 City Commission vacancy stating that the Commission is not in violation of the City Charter by not appointing a City Commissioner. She noted that the Charter allows for an election if an appointment cannot be made.

Commissioner Dykstra commended the Shawnee Police Department for all of their work and dedication despite the hostilities nationwide.
Commissioner Shaw concurs with Commissioner Dykstra’s comment.

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE AIRPORT AUTHORITY AND SHAWNEE MUNICIPAL AUTHORITY (7:32 P.M.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (7:33 P.M.)

AGENDA ITEM NO. 14: Consider an Executive Session to discuss the evaluation and consideration of contract of the City Attorney pursuant to 25 O.S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee."

No action was taken.

AGENDA ITEM NO. 15: Consider matters discussed in Executive Session regarding discussion of evaluation and consideration of contract of the City Attorney pursuant to 25 O.S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee." (Tabled from August 17, 2015 City Commission meeting.)

A motion was made by Commissioner Agee, seconded by Vice Mayor Harrod, to approve a contract extending the employment of the City Attorney through September 30, 2016. Motion carried 5-1.
AYE: Agee, Harrod, Mainord, Hall, Dykstra
NAY: Shaw

AGENDA ITEM NO. 16: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (7:36 p.m.)

WES MAINORD, MAYOR
ATTEST:

PHYLLIS LOFTIS, CMC, CITY CLERK

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