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Date: 11/19/2012Board: City CommissionDocumentType: MinutesWeb Posted: 12/4/2012 3:27:23 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
NOVEMBER 19, 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, November 19, 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

Absent 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: Pam Stephens

INVOCATION Rev. David Henry
Calvary Baptist Church

FLAG SALUTE

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 6-0.

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

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

a. Minutes from the November 5, 2012 regular meeting.

b. Budget Amendment – Capital Fund 301
To bring monies from fund balance to current year – this is the remaining money that was not spent last year and it went into fund balance and it needs to be brought back up into current year

c. Budget Amendment – General Fund
Monies not spent last year and need to be brought up from fund balance - /Ammo was on backorder

d. Budget Amendment – General Fund
Use donated monies to purchase logo sign for station 1

e. Acknowledge the following minutes and reports:

• Planning Commission minutes from regular meeting October 3, 2012.
• Project Payment Report for October 2012
• License Payment Report for October 2012

f. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for MiChell Gibson.

A motion was made by Commissioner Hall, seconded by Commissioner Winterringer, to approve the Consent Agenda Items a-f. Motion carried 6-0.

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

AGENDA ITEM NO. 3: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)

Tina Hannah came forward to request the Commission support Agenda Item No. 14, regarding the moratorium on boarding or rooming houses. This moratorium would give the staff and commission time to research other types of shelters.

AGENDA ITEM NO. 4: Mayor’s Proclamation:

“Winter Weather Awareness Day”
November 20, 2012

Emergency Manager Don Lynch accepted the Mayor’s Proclamation for “Winter Weather Awareness Day” presented by Mayor Mainord.

AGENDA ITEM NO. 5: Presentation and update regarding the YMCA by Theresa Hendrix, new Chief Executive Officer of the YMCA.

Mr. Casey Bell, YMCA Chairman, introduced Ms. Theresa Hendrix, new Chief Executive Officer of the YMCA. Ms. Hendrix gave a brief summary of her experience and stated that she looks forward to working in Shawnee.

AGENDA ITEM NO. 6: A public hearing and consideration of an ordinance to rezone property from R-1; Residential, Single Family Dwelling to R-3; Multi-Family Dwelling for property located at 3300 North Union.
Case #P16-12 Applicant: Mike Little Construction
Deferred from the October 15, 2012 meeting.

Mayor Mainord asked for a staff report from Community Development Director Justin Erickson. Mr. Erickson gave the report and asked for questions. Mayor Mainord, then, declared a public hearing in session to consider an ordinance to rezone property from R-1; Residential, Single Family Dwelling to R-3; Multi-Family Dwelling for property located at 3300 North Union. No one appeared to speak in favor or against the proposed rezoning and the public hearing was closed.

A motion was made by Commissioner Agee, seconded by Commissioner Smith, to approve the ordinance to rezone property from R-1; Residential, Single Family Dwelling to R-3; Multi-Family Dwelling for property located at 3300 North Union.

Ordinance No. 2492NS was introduced and the title read aloud.

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 THE NORTHWEST CORNER OF LOT TWENTY-TWO {22}, KELLY'S ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE S88°57'23"E ALONG THE NORTH LINE OF SAID LOT 22 A DISTANCE OF 320.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S88°57'23"E ALONG THE NORTH LINE OF LOT 22 A DISTANCE OF 239.00 FEET; THENCE S00°00'22" W A DISTANCE OF 331.76 FEET; THENCE N88°46'32"W ALONG THE SOUTH LINE OF LOT 22 A DISTANCE OF 397.00 FEET; THENCE N00°00'00"E A DISTANCE OF 194.51 FEET; THENCE S88°57'23"E A DISTANCE OF 158.01 FEET; THENCE N00°00'00"E A DISTANCE OF 136.00 FEET TO THE POINT OF BEGINNING, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM R-1 ; RESIDENTIAL, SINGLE FAMILY DWELLING TO R-3; MULTI-FAMILY DWELLING; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 6-0.

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

AGENDA ITEM NO. 7: Consideration of approval of a final plat for Shawnee Medical Center located at Kethley Road and MacArthur Street.
Case #S12-12 Applicant: Shawnee Real Estate Holdings, LLC
Deferred from the October 15, 2012 meeting.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve the final plat for Shawnee Medical Center located at Kethley Road and MacArthur Street. Motion carried 6-0.

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

AGENDA ITEM NO. 8: A public hearing and consideration of approval of a Conditional Use Permit in C-3; Automotive, Commercial and Recreational district to allow the sale of beer and alcohol for on premise consumption and off premise consumption for property located at 4420 North Kickapoo.
Case #P18-12 Applicant: Dao and Cynthia Nguyen (Nelmon Brauning – Agent)

Mayor Mainord asked for a staff report. Community Development Director Justin Erickson reported the reason for on premise consumption and off premise consumption was a strip mall is going in and a restaurant requested on premise consumption and a liquor store was requesting off premise consumption Conditional Use Permits. One protest letter, signed by several residents on the street behind the strip mall was received. The Mayor declared a public hearing in session to consider approval of a Conditional Use Permit in C-3; Automotive, Commercial and Recreational district to allow the sale of beer and alcohol for on premise consumption and off premise consumption for property located at 4420 North Kickapoo. No one appeared to speak in favor or against the proposed rezoning and the public hearing was closed.

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve a Conditional Use Permit in C-3; Automotive, Commercial and Recreational district to allow the sale of beer and alcohol for on premise consumption and off premise consumption for property located at 4420 North Kickapoo with the following conditions.

1. On-premise consumption of alcohol as part of an eating place or other permitted use.
2. Establishment of a liquor store and the sale of alcohol and beer for off-premise consumption.

Ordinance No. 2493NS was introduced and the title read aloud.

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 EIGHT (8) AND NINE (9), BLOCK TWO (2), COLLEGE VIEW ADDITION TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, LESS AND EXCEPT THE NORTH FORTY (40) FEET OF THE WEST TWENTY (20) FEET OF LOT NINE (9), REZONING SAID PROPERTY FROM C-3 ; AUTOMOTIVE, COMMERCIAL AND RECREATIONAL TO C-3P; AUTOMOTIVE, COMMERCIAL & RECREATION DISTRICT WITH CONDITIONAL USE PERMIT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.
Motion carried 6-0.

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

AGENDA ITEM NO. 9: Consideration of approval of a preliminary plat for G. E. Oil and Gas
Addition located at 14311 Highway 177.
Case #S15-12 Applicant: Landes Engineering

A motion was made by Commissioner Winterringer, seconded by Commissioner Hall, to approve the preliminary plat for G. E. Oil and Gas, Addition located at 14311 Highway 177. Motion carried 6-0.

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

AGENDA ITEM NO. 10: Consideration of approval of a final plat for G.E. Oil and Gas Addition located at 14311 Highway 177.
Case #S16-12 Applicant: Landes Engineering

A motion was made by Commissioner Winterringer, seconded by Commissioner Agee, to approve the final plat for G.E. Oil and Gas, Addition located at 14311 Highway 177 with the following conditions:

1. Final infrastructure and construction plans (including an engineered drainage plan) shall be submitted by the applicant and approved by the City and the City Engineer prior to construction.
2. A 20-foot utility easement shall be indicated on the final plat along with the Highway 177 frontage to incorporate the existing City waterline.
3. Prior to filing the final plat, the applicant shall commence with making the required and proposed public site improvements in accordance with construction plans approved by the City Engineer or otherwise bond the project in accordance with City code.
4. All other applicable City standards apply.

Motion carried 6-0.

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

AGENDA ITEM NO. 11: A public hearing and consideration of an ordinance to approve a Conditional Use Permit to allow a mobile home for property located at 31909 Lake Road.
Case #P19-12 Applicant: Chelsey Beauchamp

Mayor Mainord asked for a staff report which was given by Community Development Director Justin Erickson. The Mayor then declared a public hearing in session to consider an ordinance to approve a Conditional Use Permit to allow a mobile home for property located at 31909 Lake Road. The applicant, Chelsey Beauchamp appeared in favor of the Conditional Use Permit. Julie Ackerman and Joe Crall appeared against the Conditional Use Permit.
After all parties had an opportunity to speak, Mayor Mainord closed the public hearing.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve a Conditional Use Permit to allow a mobile home for property located at 31909 Lake Road with the following conditions:

1. The manufactured home must meet the zoning setback requirements for the A-1 Zone.
2. The manufactured home must be no older model than 1995.
3. The Conditional Use Permit is non-transferable.
4. The structure must be attached with skirting allowing the home style to fit the neighborhood.

Ordinance No. 2494 NS was introduced and the title read aloud.

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 THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION TWENTY-ONE (21), TOWNSHIP TEN (10) NORTH, RANGE TWO (2) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE WEST 165 FEET; THENCE SOUTH 264 FEET; THENCE EAST 165 FEET; THENCE NORTH 264 FEET TO THE POINT OF BEGINNING; REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO A-1P AGRICULTURAL WITH CONDITIONAL USE PERMIT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 6-0.

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

AGENDA ITEM NO. 12: A public hearing for consideration of approval of a Hardship Request for temporary placement of a mobile home on property located at 31909 Lake Road. Case #P20-12 Applicant: Chelsey Beauchamp

Mayor Mainord declared a public hearing in session to consider approval of a Hardship Request for temporary placement of a mobile home on property located at 31909 Lake Road. No one appeared in favor/against the Conditional Use Permit.
A motion was made by Commissioner Smith to approve a Hardship Request for temporary placement of a mobile home on property located at 31909 Lake Road. Motion died for lack of a second.

A motion was made by Commissioner Agee, seconded by Vice Mayor Harrod, to deny the request for temporary placement of a mobile home on property located at 31909 Lake Road. Motion carried. 5-1

AYE: Agee, Harrod, Mainord, Hall, Winterringer
NAY: Smith

AGENDA ITEM NO. 13: Consider acceptance of public easements and dedications associated with the Final Plat of Graystone Addition and authorizing recording of the final plat and obtainment of signatures and placing maintenance bonds into effect.

A motion was made by Commissioner Winterringer, seconded by Commissioner Smith, to accept the public easements and dedications associated with the Final Plat of Graystone Addition and authorizing recording of the final plat and obtainment of signatures and placing maintenance bonds into effect. Motion carried 6-0.

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

AGENDA ITEM NO. 14: Discuss and consider a resolution establishing a moratorium on boarding or rooming houses in all zoning districts.

Community Development Director Justin Erickson reported that this resolution would not affect any other housing except boarding or rooming houses, also known as shelters. No apartments, duplexes or dormitories would be affected.

Resolution No. 6437 was introduced.

A RESOLUTION ESTABLISHING A MORATORIUM ON BOARDING OR ROOMING HOUSES IN ALL ZONING DISTRICTS.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve a resolution establishing a moratorium on boarding or rooming houses in all zoning districts. Motion carried 5-1.

AYE: Harrod, Agee, Mainord, Hall, Winterringer
NAY: Smith

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

Finance Director Cynthia Sementelli reported that sales tax was down 2.79% from the budget but that other areas of revenues were up enough to cover the amount sales tax was down.

AGENDA ITEM NO. 16: Consider Bids:

a. Airport Pedestrian Trail Contract COS-PW-12-01 (Award)

City Engineer John Krywicki announced that eight bids were received and after review and consideration it was staff’s recommendation to award the bid to Bishop Paving Co. Inc. of Oklahoma City, Oklahoma in the amount of $633,409.90.

Amount budgeted for this project was $400,000.00. Cindy Sementelli reported that this was one of the four projects submitted on the refinancing of bonds in December 2011. There are enough funds left from the previous two projects to cover the amount over budget for the Airport Pedestrian Trail project.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to accept staff’s recommendation and award the bid to Bishop Paving Co. Inc. in the amount of $633,409.90. Motion carried 6-0.

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

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

City Engineer John Krywicki reported that ODOT had opened bids on the Kickapoo Street Project on November 15. All bids came in significantly over the engineering estimate provided by the ODOT. The ODOT board will meet to decide if the bids were good and the engineering estimate was low. They will then decide if there is a need to re-bid the project. The City of Shawnee may be requested to provide additional funding. The City will know more after ODOT meets.
The overlay project on 45th Street is not acceptable after independent testing showed the grinding re-work still has unacceptable smoothness. The additional projects on this agreement have been cancelled and the projects will be put out for bids in the future.

AGENDA ITEM NO. 19: Commissioners Comments

Commissioner Smith reminded everyone that the City of Shawnee needs your sales tax money. He suggested that the citizens take advantage of price matching at several local stores on sales ads from stores outside our sales tax area. Commissioner Smith would also like to see the use tax enforced.

Commissioner Winterringer thanked Justin Erickson, Community Development Director, for the work he has done on the Christmas Parade this year. Also, the Municipal Pool Committee has interviewed four companies and the plans are looking good. The committee will be bringing something back to the Commission soon.

Vice Mayor Harrod stated he believes the property located just north of MacArthur and Union should be paying property taxes. Even though the property is owned by a tribe, it is not in Trust for the tribe.

Commissioner Agee requested information on the mineral rights lease from Texoma Land for the lake leases. Don Lynch advised he would be checking.

AGENDA ITEM NO. 19: Adjournment

There being no further business to be considered, a motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, that the meeting be adjourned. Motion carried 6-0. (8:20 p.m.)

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


WES MAINORD, MAYOR

ATTEST:


_______________________________
DONNA MAYO, DEPUTY CITY CLERK


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