Date: 10/7/2013Board: City CommissionDocumentType: MinutesWeb Posted: 10/22/2013 9:09:02 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
OCTOBER 7, 2013 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, October 7, 2013 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

Pam Stephens Linda Agee
Commissioner Ward 1 Commissioner Ward 2

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

John Winterringer Absent
Commissioner Ward 5 Commissioner Ward 6

ABSENT: Steve Smith

INVOCATION Lord’s Prayer led by Mayor Mainord

FLAG SALUTE Led by Commissioner Hall

AGENDA ITEM NO. 1: Consider approval of Agenda.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the Agenda. Motion carried 6-0.

AYE: Harrod, Hall, Winterringer, Stephens, Agee, Mainord
NAY: None

AGENDA ITEM NO. 2: Consider approval of Consent Agenda:

a. Minutes from the September 16, 2013 regular meeting and the September 30, 2013 special call meeting.

b. Budget Amendment Capital Fund 301
Rollovers for projects that finance killed the P O for last year and projects were not finished. Airport walking trail, scan system , radio and remote terminal unit – adjust account for insurance check Radio we received but have not been installed and rifles for court

c. Budget Amendment Fund 302
To rollover money from Projects that hadn’t been completed – Flashing school zone sign. Bell street sidewalk project, federal street bridge. City hall parking lot. Sidewalk and handicap ramps, and rehab asphalt street project.

d. Acknowledge the following minutes:
• Traffic Commission minutes for February 26, 2013
• Beautification Committee minutes for July 11, 2013
• Planning Commission minutes for August 7, 2013

e. Traffic Commission and Staff Recommendations from September 24, 2013 meeting.

A. Consideration of request by Della Hutton, President of Westside Neighborhood Watch, to post a speed limit sign on Poplar Street between Kickapoo and Pottenger Streets.

STAFF RECOMMENDATION: Staff recommends denial of request
BOARD RECOMMENDATION: Board recommends denial of request

B. Consideration of request by Della Hutton, President of Westside Neighborhood Watch, to place additional street lights mid-block on : 500 block West Wallace, 600 block West Ford, 600 block West Wallace, 700 block West Dewey, 900 block Overland Court, 1000 block Overland Court, 1100 block West Dewey, and the 1100 block of West Wood

STAFF RECOMMENDATION: Staff recommends denial of request
BOARD RECOMMENDATION: Board recommends denial of request

C. Consideration of request by Della Hutton, President of Westside Neighborhood Watch, to place additional lighting with-in Jefferson Circle Park located at the northeast corner of Chapman and Dill and with-in Strickland Park located at the corner of Chapman and Kirk.

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

f. Authorize Police Department to purchase a 2014 Ford police interceptor SUV from Bob Hurley dealership to replacement vehicle wrecked in August.

g. Lake Lease Transfer and Renewals:

Transfer:
• Lot 9 Magnino A Tract, 17232 Magnino Road
From: Betty Wooldridge Revocable Trust
To: Robert Goodman and Kimberly Goodman

Renewals:
• Lot 45 School Land, 31950 Lake Road
Charles Akerman and Julie Akerman
• Lot 15 Magnino Tract, 16700 Clearpond Lane
Robby Parsons and Deborah Parsons
• Lot 5 Johnston Tract, 16712 Magnino Road
Lora Davis
• Lot 22 Johnston Tract, 16500 Stevens Road
Robert Patnaude and Sharon Patnaude
• Lot 5 Damron Tract, 33807 Belcher Road
Russel Adams and Deborah Adams

A motion was made by Commissioner Hall, seconded by Commissioner Agee, to approve the Consent Agenda Item Nos. 2(a-g). Motion carried 6-0.

AYE: Hall, Agee, Harrod, Mainord, Winterringer, Stephens
NAY: None

AGENDA ITEM NO. 3: Commissioners Comments

Vice Mayor Harrod asked staff if a water/sewer rate increase was scheduled for November. City Manager Brian McDougal state a small increase is scheduled. Staff will provide Commissioners the exact amount of the increase.
Mayor Mainord stated he attended a meeting regarding improvements to the City. He noted many comments were when the city’s water tastes bad, businesses cannot sell soft drinks.

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

Ms. Kate Joyce spoke regarding an agenda item regarding the future of the Ward 5 commission seat. She stated she does not think Commissioner Winterringer should have to step down for a temporary problem.

Mr. Don Forsburg spoke next and agreed that he does not think Commissioner Winterringer should have to step down. Mr. Forsburg said Commissioner Winterringer has been upfront about the issue.
Mr. Forsburg also requested information regarding the two tanker trucks he saw siphoning water out of the lake. He later reported the incident to the City. Mr. McDougal said he had not received a report regarding the investigation into this matter.
Mr. Forsburg is also concerned about the homeless problem in the City. He urged Commissioners to continue to seek solutions and urged them to lift the moratorium on homeless shelters.

AGENDA ITEM NO. 5: Public hearing and consider an ordinance rezoning property located at 2723 N. Kickapoo from C-1; Neighborhood Commercial to C-3; Automotive, Commercial and Recreation. Case #P13-13
Applicant: Monogram Construction/Landes Engineering

Mayor Mainord declared a public hearing in session to consider an ordinance rezoning property located at 2723 N. Kickapoo from C-1; Neighborhood Commercial to C-3; Automotive, Commercial and Recreation. Richard Landes appeared in favor for said rezoning. No one appeared against said rezoning. The public hearing was closed.

A motion was made by Commissioner Hall, seconded by Commissioner Stephens, to approve the ordinance rezoning property located at 2723 N. Kickapoo from C-1; Neighborhood Commercial to C-3; Automotive, Commercial and Recreation.

Ordinance No. 2517NS 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: LOTS TWENTY-TWO (22), TWENTY-THREE (23), TWENTY-FOUR (24), TWENTY-FIVE, TWENTY-SIX (26), TWENTY-SEVEN (27), TWENTY-EIGHT (28), TWENTY-NINE (29), THIRTY (30), THIRTY-ONE (31) AND THIRTY-TWO (32), HETTIE A BROWN’S SUBDIVISION OF BLOCK 6, WYANTS 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-3; AUTOMOTIVE, COMMERCIAL, AND RECREATION AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 6-0.

AYE: Hall, Stephens, Agee, Harrod, Mainord, Winterringer
NAY: None

Ordinance No. 2517NS was adopted by the City Commission

AGENDA ITEM NO. 6: Public hearing and consider an ordinance rezoning property located at 4621 N. Kickapoo from C-3; Automotive, Commercial and Recreation to C-3P; Automotive, Commercial and Recreation with a Conditional Use Permit. Case #P14-13
Applicant: La Joya Mexican Restaurant dba El Nopal Mexican Restaurant

Mayor Mainord declared a public hearing in session to consider an ordinance rezoning property located at 4621 N. Kickapoo from C-3; Automotive, Commercial and Recreation to C-3P; Automotive, Commercial and Recreation with a Conditional Use Permit. No one appeared in favor or against said rezoning. The public hearing was closed.

A motion was made by Commissioner Stephens, seconded by Commissioner Hall, to approve the ordinance rezoning property located at 4621 N. Kickapoo from C-3; Automotive, Commercial and Recreation to C-3P; Automotive, Commercial and Recreation with a Conditional Use Permit.

Ordinance No. 2518NS 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 ONE (1), BLOCK ONE (1), SHAWNEE MISSION PLAZA, SECTION 4, TO THE CITY OF SHAWNEE POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM C-3; AUTOMOTIVE, COMMERCIAL, AND RECREATION TO C-3P; AUTOMOTIVE, COMMERCIAL, AND RECREATION WITH A CONDITIONAL USE PERMIT AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 6-0.

AYE: Stephens, Hall, Winterringer, Agee, Harrod, Mainord
NAY: None

Ordinance No. 2518NS was adopted by the City Commission

AGENDA ITEM NO. 7: Discuss, consider and possible action regarding Ward 5 Commission seat currently held by John Winterringer.

Commissioner Hall addressed this issue first by stating that he had been approached by citizens regarding Commissioner Winterringer not residing in his ward. Because of the rumors, he requested that this issue be placed on the agenda to discuss openly. He further stated he believes that Commissioner Winterringer is being truthful when he says his current arrangement of living with his parents is a temporary move. Further, he trusts if the move were a permanent one, Commissioner Winterringer would say so.
Commissioner Stephens fully supports Commissioner Hall’s position regarding Commissioner Winterringer.
Commissioner Agee stated the City charter is very clear on this issue. However, the question of residency is still a gray area. She also noted the County Election Board stated they also have had issues in defining “residency”. She agrees that Commissioner Winterringer should be commended for caring for his elderly parents.
Commissioner Winterringer spoke and stated he appreciates everyone’s support.
No action was taken.

AGENDA ITEM NO. 8: 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. 9: Administrative Reports

Vice Mayor Harrod asked how much the City pays the Pottawatomie County Safety Center to house city prisoners. Mr. McDougal reported the amount as $44.00 per day. City Attorney Mary Ann Karns said this is less than the published rate.

Fire Chief David Short said this is Fire Prevention Week. He provided Commissioners with a list of the school appearances where the Fire Department Clowns will be performing. He also invited Commissioners and the public to attend the clowns’ performance at the Expo on Thursday at 6:30 p.m.

Commissioner Stephens wanted citizens to know that the she has been involved with the cleanup in Shawnee. She said that the City is aware of the problem and is sensitive to the issue of the homeless.
Commissioner Stephens also asked for prayers for her niece who is undergoing surgery on October 8th .

AGENDA ITEM NO. 10: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (7:06 p.m.)


WES MAINORD, MAYOR


ATTEST:

_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK


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