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Date: 10/15/2012Board: City CommissionDocumentType: MinutesWeb Posted: 11/6/2012 2:20:53 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
OCTOBER 15, 2012 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 15, 2012 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 Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: None

INVOCATION The Lord’s Prayer

FLAG SALUTE Lead by Commissioner Keith Hall

AGENDA ITEM NO. 1: Consider approval of Agenda.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve the Agenda. Motion carried 7-0.

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

Mayor Mainord recognized Mr. Jim Palinkas who is filling in for City Attorney Mary Ann Karns at tonight’s meeting.

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

a. Minutes from the October 1, 2012 regular meeting.

b. Acknowledge the following minutes and reports:
• Planning Commission minutes from July 5, 2012 and
September 5, 2012
• Project Payment Report for September 2012
• License Payment Report for September 2012

c. Acknowledge Oklahoma Municipal Retirement Fund Normal Retirement for David Pat Cope.

d. Acknowledge Oklahoma Municipal Retirement Fund Normal Retirement for William (Bill) Jones.

e. Acknowledge receipt of 6 Motorola 800 MHz radios from the Oklahoma Department of Emergency Management.

f. Mayor’s Appointments:

Planning Commission

David Bergsten – 1st Partial Term Expires 6-01-14
Replaces Carl Holt – Resigned

Airport Advisory Board

Bert Humphrey – 1st Partial Term Expires 7-01-14
Replaces Mike Langley – Termed out

g. Acceptance of Airport Lift Rehab project and placing maintenance bonds into effect.

h. Acceptance of the Lakeview Estates water line replacement project and placing maintenance bonds into effect.

i. Acknowledge audit from Pioneer Library System for fiscal year ending June 30, 2012.

A motion was made by Commissioner Winterringer, seconded by Commissioner Hall, to approve the Consent Agenda Items a-i. Motion carried 7-0.

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

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 Proclamation:

“Family Promise Week”
October 14-20, 2012

Peggy Johnson accepted the Mayor’s Proclamation for “Family Promise Week” presented by Mayor Mainord.

“No Texting While Driving Day”
October 16, 2012

Human Resource Director Tammy Johnson accepted the Mayor’s Proclamation for “No Texting While Driving Day” presented by Mayor Mainord.

AGENDA ITEM NO. 5: City Manager’s presentation of Employee of the Month to Lisa Lasyone, Deputy City Clerk.

Lisa Lasyone was present to accept the Employee of the Month Certificate presented by City Clerk Phyllis Loftis.

AGENDA ITEM NO. 6: Public hearing and consider an ordinance to rezone property at 400 West MacArthur from C-1; Neighborhood to C-3; Automotive, Commercial and Recreation.
Case No. P14-12 Applicant: Ron Degraffenreid

Mayor Mainord declared a public hearing in session to consider an ordinance rezoning property at 400 West MacArthur from C-1; Neighborhood to C-3; Automotive, Commercial and Recreation. No one appeared to speak in favor/against said rezoning and the public hearing was closed.
After receiving a staff report from Community Development Director Justin Erickson, a motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approved the ordinance rezoning property at 400 West MacArthur from C-1; Neighborhood to C-3; Automotive, Commercial and Recreation.

Ordinance No. 2489NS 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 FIFTEEN (15) AND SIXTEEN (16), BLOCK SIX (6), HETTIE A. BROWN’S SUBDIVISION OF BLOCK SIX (6), WYANT’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-3; AUTOMOTIVE, COMMERCIAL & RECREATION DISTRICT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 7-0.

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

AGENDA ITEM NO. 7: Public hearing and consider an ordinance to rezone property at 8331 North Harrison from A-1; Agricultural to I-2; Light Industrial.
Case No. P15-12 Applicant: Clayton Eads

Mayor Mainord declared a public hearing in session to consider an ordinance rezoning property at 8331 North Harrison from A-1; Agricultural to I-2; Light Industrial. Ms. Melissa Mahaffey, one of the owners of the property appeared to speak in favor of said rezoning. No one else came forward to speak for or against this rezoning and the Mayor closed the public hearing.
Following Mr. Erickson’s staff report, a motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to approve the ordinance rezoning property at 8331 North Harrison from A-1; Agricultural to I-2; Light Industrial.

Ordinance No. 2490NS 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: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (S/2 SW/4 SW/4) OF SECTION SEVENTEEN (17), TOWNSHIP ELEVEN (11) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTAWATOMIE COUNTY, OKLAHOMA, LESS AND EXCEPT A TRACT OF LAND DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER (SW/4); THENCE N00⁰01’06” ALONG THE WEST LINE OF SAID SW/4 A DISTANCE OF 658.69 FEET; THENCE N89⁰24’13” E A DISTANCE OF 113.43 FEET; THENCE S00⁰03’12” E A DISTANCE OF 420.96 FEET; THENCE S01⁰15’30” E A DISTANCE OF 237.77 FEET TO A POINT ON THE SOUTH LINE OF SAID SW/4; THENCE S89⁰25’18” W ALONG SAID SOUTH LINE A DISTANCE OF 118.83 FEET TO THE POINT OF BEGINNING AND LESS AND EXCEPT A TRACT 150 FEET BY 150 FEET IN THE SOUTHWEST CORNER OF SAID TRACT, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM A-1 ; AGRICULTURAL TO I-2; LIGHT INDUSTRIAL; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 7-0.

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

AGENDA ITEM NO. 8: Consideration of approval of preliminary plat for North Harrison Street Business Park located at NE Corner of Highway 18 and Wolverine Road. Case No. S11-12 Applicant: Landes Engineering

A motion was made by Vice Mayor Harrod, seconded to Commissioner Smith, to approve the of preliminary plat for North Harrison Street Business Park located at NE Corner of Highway 18 and Wolverine Road subject to the following conditions:

1. The submitted Final Plat and Improvement Plans shall only indicate lots that are entirely outside of the regulated floodplain.
2. The driveway access on Highway 18 shall be approved by the City Engineer and Oklahoma Department of Transportation.
3. Final improvements plans shall be approved by the City Engineer prior approval of the final plat.
4. Sidewalks shall be installed in accordance with the City's sidewalk ordinance.
5. The building on Phase 1, Lot 3 shall be removed or the eastern property line shall be corrected to prevent the line from dividing the existing structure.
6. All other applicable City standards apply and no variances are hereby approved.

Motion carried 7-0.

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

AGENDA ITEM NO. 9: Public hearing and consideration of an ordinance to rezone property at 3300 North Union from R-1; Residential, Single Family Dwelling to R-3; Multi-Family Dwelling.
Case No. P16-12 Applicant: Mike Little Construction Deferred to November 2012 Planning Commission Meeting at request of applicant.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall to defer action on this item until the November 19, 2012 City Commission meeting.

Motion carried 7-0.

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

AGENDA ITEM NO. 10: Public hearing and consideration of an ordinance to rezone property at 906 East Independence C-1; Neighborhood Commercial to C-3; Automotive, Commercial and Recreation. Case No. P17-12. Applicant: O’Reilly Automotive Stores

Mayor Mainord declared a public hearing in session to consider an ordinance rezoning property at 906 East Independence C-1; Neighborhood Commercial to C-3; Automotive, Commercial and Recreation. No one appeared to speak in favor or against said rezoning and the public hearing was closed.

After the staff report from Mr. Erickson, a motion was made by Commissioner Winterringer, seconded to Commissioner Agee, to approve the ordinance rezoning property at 906 East Independence C-1; Neighborhood Commercial to C-3; Automotive, Commercial and Recreation.

Ordinance No. 2491NS 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: A TRACT OF LAND DESCRIBED AS BEGINNING AT A POINT 198 FEET EAST OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER (SW/4) OF SECTION EIGHT (8), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE NORTH 220 FEET; THENCE EAST 66 FEET; THENCE SOUTH 200 FEET; THENCE WEST 66 FEET TO THE POINT OF BEGINNING, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM C-2; NEIGHBORHOOD COMMERCIAL TO C-3; AUTOMOTIVE, COMMERCIAL AND RECREATION; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 7-0.

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

AGENDA ITEM NO. 11: Consideration of approval of final plat for Shawnee Medical Center located at Kethley Road and MacArthur Street. Case No. S12-12 Applicant: Shawnee Real Estate Holdings LLC Deferred to November 2012 Planning Commission Meeting at request of applicant.

A motion was made by Vice Mayor Harrod, seconded to Commissioner Hall, to defer the consideration of this item until the November 19, 2012 City Commission meeting. Motion carried 7-0.

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

AGENDA ITEM NO. 12: Consideration of approval of preliminary plat for Belmont Park Addition located at Acme Road and MacArthur Street. Case No. S13-12 Applicant: J. Bentley Development LLC

A motion was made by Commissioner Hall, seconded to Commissioner Winterringer, to approve the preliminary plat for Belmont Park Addition located at Acme Road and MacArthur Street subject to the following conditions:

1. Final improvements plans shall be approved by the City Engineer prior to construction.
2. Prior to filing (recording) the final plat, the applicant shall commence with making the required public site improvements in accordance with construction plans approved by the City Engineer or otherwise bond the project in accordance with City code.
3. The Final Plat shall clearly note a total right-of-way width of 50-feet.
4. Sidewalks shall be installed in accordance with the City's sidewalk ordinance.
5. All other applicable City standards apply.

Motion carried 7-0.

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

AGENDA ITEM NO. 13: Consideration of approval of final plat for Belmont Park Addition located at Acme Road and MacArthur Street.
Case No. S14-12 Applicant: J Bentley Development LLC

A motion was made by Commissioner Agee, seconded to Commissioner Smith, to approve the final plat for Belmont Park Addition located at Acme Road and MacArthur Street subject to the following conditions:

1. Final improvements plans shall be approved by the City Engineer prior to construction.
2. Prior to filing (recording) the final plat, the applicant shall commence with making the required public site improvements in accordance with construction plans approved by the City Engineer or otherwise bond the project in accordance with City code.
3. The Final Plat shall clearly note a total right-of-way width of 50-feet.
4. Sidewalks shall be installed in accordance with the City's sidewalk ordinance.
5. All other applicable City standards apply.

Motion carried 7-0.

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

AGENDA ITEM NO. 14: Consider a resolution in support of passage of State Question 764 addressing Oklahoma’s water infrastructure needs.

City Manager Brian McDougal explained this State Question which will come before the voters on November 6, 2012. Mr. McDougal stated the passage of this question would allow for the expansion of municipal water and sewer systems. He further added that it would be a good thing for cities, counties and rural water districts.

Resolution No. 6334 was introduced.

SUPPORTING PASSAGE OF STATE QUESTION 764 TO ADDRESS OKLAHOMA’S WATER INFRASTRUCTURE NEEDS

A motion was made by Commissioner Winterringer, seconded to Commissioner Harrod, to approve a resolution in support of passage of State Question 764 addressing Oklahoma’s water infrastructure needs. Motion carried 7-0.

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

AGENDA ITEM NO. 15: Acknowledge Sales Tax report received October, 2012.

Cindy Sementelli, Finance Director/Treasurer, presented information regarding the latest sales tax report from the Oklahoma Tax Commission. Ms. Sementelli reported that sales tax receipts are up $76,333.00 or 5.86% from the previous year’s revenue. She further stated that this year’s revenues are above projections.

AGENDA ITEM NO. 16: Consider Bids/Proposals:

a. Proposal to replace City Hall Phone System (Award)
Request to defer to 2nd meeting in January, 2013

Emergency Management Director Don Lynch announced that seven bids were received and after review and consideration it was staff’s recommendation to further study these proposals from the bottom four proposals, contact references and verify the level of quality of the vendors. It may be necessary and possible to actually travel to an installation location to observe the work performed, and to review the proposals and scope of work with the proposers themselves prior to making a recommendation. Staff requests to defer action on this item until the January 22, 2013 City Commission meeting.

A motion was made by Commissioner Smith, seconded by Commissioner Harrod, to accept staff’s recommendation and defer action until the January 22, 2013 City Commission meeting. Motion carried 7-0.

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

THE CITY COMMISSION DEVIATED FROM THE PRINTED AGENDA TO CONSIDER THE FOLLOWING:

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE THE SHAWNEE MUNICIPAL AUTHORITY AND SHAWNEE AIRPORT AUTHORITY AT 7:14 P.M.

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR AT 7:20 P.M.

AGENDA ITEM NO. 17: 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. 18: Administrative Reports

Fire Chief David Short reported on the city’s new Insurance Services Organization (ISO) rating for the community. Chief Short reported that the Fire Department, Water Department and Dispatch were all involved in helping reduce our ISO rating from 4/9 to 3/9. He further stated that out of 1,540 Oklahoma communities rated, only 6 cities rated better than Shawnee in this regard.

THE CITY COMMISSION DEVIATED FROM THE PRINTED AGENDA AND CONSIDERED AGENDA ITEM NO. 20 AND NO. 21 PRIOR TO AGENDA ITEM NO. 19.

AGENDA ITEM NO. 20: Consider an Executive Session to discuss potential claims, litigation or other options regarding encroachment into City’s utility service area by other entities as authorized by 25 O.S. §307(B)(4).

A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to enter into Executive Session to discuss potential claims, litigation or other options regarding encroachment into City’s utility service area by other entities as authorized by 25 O.S. §307(B)(4). Motion carried 7-0.

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

COMMISSION ENTERS EXECUTIVE SESSION AT 7:32 P.M.

COMMISSION RETURNS FROM EXECUTIVE SESSION WITH ALL COMMISSIONERS PRESENT AT 7:48 P.M.

AGENDA ITEM NO. 21: Consideration and possible action on matters discussed in Executive Session regarding potential claims, litigation or other options regarding encroachment into City’s utility service area by other entities as authorized by 25 O.S. §307(B)(4).

Mayor Mainord announced that there would be no action taken.

AGENDA ITEM NO. 19: Commissioners Comments

Commissioner Agee urged everyone to look at the Family Promise of Shawnee website. She stated she was very impressed with this organization and felt they do a lot of good for local families. They helped 17 area families last year and many more through referrals to other agencies.

Vice Mayor Harrod asked about the status of the 911 center. City Manager McDougal replied that talks were continuing. Mayor Mainord stated that he has met with County Commissioner Melissa Dennis and is optimistic that the 911 center issues can be resolved.
Vice Mayor Harrod also asked for a report regarding the Pool Committee’s first meeting. Mayor Mainord and Commissioner Winterringer reported that they are currently working on RFQ’s and that Mr. John Ayers was elected chairman. It was also noted that their seconded meeting is scheduled for Wednesday of this week.

Commissioner Winterringer stated that the new doors on the Commission Chamber look nice. He also had questions regarding the water utility payments at the kiosks located in the Homeland Stores. City Clerk Phyllis Loftis stated that since the kiosks were opened in July, each month has shown significant growth in usage. The average weekly amount received from kiosks payments is approximately $3,000.00. Regarding fees for kiosk use, $1.00 is charged if customer is paying with cash or check and $3.50 if paying with MasterCard or Visa.

AGENDA ITEM NO. 22: Adjournment

There being no further business to be considered, a motion was made by Commissioner Smith, seconded by Commissioner Winterringer, that the meeting be adjourned. Motion carried 7-0. (7:58 p.m.)

AYE: Smith, Winterringer, Stephens, Agee,
NAY: None



WES MAINORD, MAYOR

ATTEST:


_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK


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