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Date: 8/19/2013Board: City CommissionDocumentType: MinutesWeb Posted: 9/4/2013 2:34:20 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
AUGUST 19, 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, August 19, 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 Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: None

INVOCATION Rev. Amy Perkins
First United Presbyterian Church

FLAG SALUTE Led by Commissioner Stephens

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 7-0.

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

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

a. Minutes from the August 5, 2013 regular meeting and the August 7, 2013 special called meeting.

b. Acknowledge the following minutes and reports:
• Planning Commission minutes from July 3, 2013
• License Payment Report for July 2013
• Project Payment Report for July 2013

c. Approve lease agreement with the YMCA for Lions Club Ball Field Complex

d. Approve additional funding for court remodeling project

e. Approve agreement for the sub-grant of Emergency Management Performance Grant Funds and authorize staff to execute agreement for the sub-grant.

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve the Consent Agenda Item Nos. 2(a-e). Motion carried 7-0.

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

AGENDA ITEM NO. 3: Commissioners Comments

Commissioner Agee commended Emergency Management Director Don Lynch for being awarded the Emergency Management Performance Grant.

Commissioner Hall encouraged citizens that were able to donate to the municipal pool improvement fundraising drive.

Commissioner Smith asked about spraying for mosquitos. Director of Operations James Bryce advised they have divided the city into quadrants and that spraying is being done each night.

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

There was no Citizen Participation.

AGENDA ITEM NO. 5: Public hearing and consideration of an ordinance rezoning property located at 5 Mullins Drive, from A-1; Agricultural to R-1; Single Family Residential. Case #P10-13 Applicant: Gary Mullins

Community Development Director Justin Erickson gave a staff report and informed that the Planning Commission recommended approval of this rezoning request as R-E; Rural Estates instead of R-1; Single Family Residential.
Mayor Mainord declared a public hearing in session to consider an ordinance rezoning property located at 5 Mullins Drive, from A-1; Agricultural to R-E; Rural Estates. Applicant Gary Mullins spoke in favor of the rezoning. He stated that the intended use was to divide the property into two parcels and sell them individually. No one appeared against said rezoning and the public hearing was closed.
A motion was made by Commissioner Hall, seconded by Commissioner Winterringer, to approve the ordinance rezoning property located at 5 Mullins Drive, from A-1; Agricultural to R-E; Rural Estates.

Ordinance No. 2514NS 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 EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (E/2 SW/4 NW/4 NW/4) AND THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (W/2 SE/4 NW/4 NW/4) OF SECTION NINE (9), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, LESS A TRACT OF LAND DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF LOT 63, GRANADA COUNTRY ESTATES, TO THE CITY OF SHAWNEE; THENCE SOUTHWESTERLY ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 202.76', CHORD BEARING OF S88°34'03"W, CHORD DISTANCE OF 21.58', FOR AN ARC DISTANCE OF 21.59'; THENCE N88°22'52"W FOR A DISTANCE OF 121.71'; THENCE N01°01'20"E FOR A DISTANCE OF 659.56'; THENCE S88°14'21"E FOR A DISTANCE OF 143.00 FEET; THENCE S00º59'53"W FOR A DISTANCE OF 658.06' TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO R-E; RURAL ESTATES AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 7-0.

AYE: Hall, Winterringer, Smith, Stephens, Agee, Harrod, Mainord
NAY: None
Ordinance No. 2514NS was adopted by the City Commission
AGENDA ITEM NO. 6: Public hearing and consideration of an ordinance rezoning property located at 2400 North Harrison from R-1; Single Family Residential to C-3; Automotive, Commercial and Recreation.
Case #P11-13 Applicant: Lynn Baucom

Mr. Erickson gave the staff report and stated that the Planning Commission recommended approval of the requested rezoning.
Mayor Mainord declared a public hearing in session to consider an ordinance rezoning property located at 2400 North Harrison from R-1; Single Family Residential to C-3; Automotive, Commercial and Recreation. Mr. Roger Henson, attorney for applicant Lynn Baucom spoke in favor of said rezoning. No one appeared against said rezoning and the public hearing was closed.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the ordinance rezoning property located at 2400 North Harrison from R-1; Single Family Residential to C-3; Automotive, Commercial and Recreation.

Ordinance No. 2515NS 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 1300 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION SEVEN (7), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE WEST 333 FEET; THENCE SOUTH 150 FEET; THENCE EAST 333 FEET; THENCE NORTH 150 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM R-1; SINGLE FAMILY RESIDENTIAL TO C-3; AUTOMOTIVE, COMMERCIAL, AND RECREATION 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

Ordinance No. 2515NS was adopted by the City Commission

AGENDA ITEM NO. 7: Public hearing and consideration of an ordinance rezoning property located in the 300 Block, Shawnee Mall Drive from A-1; Agricultural to C-3; Automotive, Commercial and Recreation.
Case #P12-13 Applicant: Vintage Dwellings, LLC

Mr. Erickson gave the staff report stating that the Planning Commission had recommended approval.
Mayor Mainord declared a public hearing in session to consider an ordinance rezoning property located in the 300 Block, Shawnee Mall Drive from A-1; Agricultural to C-3; Automotive, Commercial and Recreation. Mr. Bobby Dolatabdi, attorney for the applicant, appeared and spoke in favor of said rezoning. No one appeared against said rezoning and the public hearing was closed.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve the ordinance rezoning property located in the 300 Block, Shawnee Mall Drive from A-1; Agricultural to C-3; Automotive, Commercial and Recreation.

Ordinance No. 2516NS 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 LOCATED IN THE NORTHEAST QUARTER (NE/4) OF SECTION THIRTY-ONE (31), TOWNSHIP ELEVEN (11) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE NORTHWEST CORNER OF SAID NE/4; THENCE N89°38'30"E ALONG THE NORTH LINE OF SAID NE/4 A DISTANCE OF 1274.75 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF THE ATCHISON, TOPEKA & SANTA FE RAILROAD; THENCE S02°14'09"E ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 1236.52 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S02"14'09"E ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 1039.15 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE 40; THENCE S73°S6'36"W ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 69.74 FEET; THENCE S85˚44'48"W ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 151.75 FEET; THENCE S86°57'57"W ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 99.80 FEET; THENCE S86°44'21"W ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 202.32 FEET; THENCE S84°57'49"W ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 97.78 FEET; THENCE S89°10'55"W ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 58.91 FEET; THENCE N00˚55'25"E A DISTANCE OF 1098.41 FEET; THENCE S89°42'29"E A DISTANCE OF 618.08 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO C-3; AUTOMOTIVE, COMMERCIAL, AND RECREATION AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 7-0.

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

Ordinance No. 2516NS was adopted by the City Commission

AGENDA ITEM NO. 8: Consideration of Letter of Intent to enter into partnership with the YMCA on the KABOOM grant for a community built playground at Lions Club in the current location of the YMCA’s playground just north of the gymnasium.

Director of Operations James Bryce gave a staff report regarding this item. He stated that this grant, if received, will furnish playground equipment for a community built project. City staff will provide some assistance in the pre-build stages but volunteer labor will be utilized for most of the project. The usual $8,000 matching fund amount has been waived for communities in tornado affected areas.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Stephens, to enter into a Letter of Intent to enter into partnership with the YMCA on the KABOOM grant for a community built playground at Lions Club in the current location of the YMCA’s playground. Motion carried 7-0.

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

AGENDA ITEM NO. 9: Consideration and possible action on applications of Linn Operating, Inc. to plug two (2) oil wells.

Emergency Management Director Don Lynch gave the staff report. He stated that the reason for the plugging of this wells is that they are no longer profitable. He noted that the Corporation Commission had also issued permits to plug these wells.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the applications of Linn Operating, Inc. to plug two (2) oil wells. Motion carried 7-0.

AYE: Harrod, Hall, Winterringer, Smith, Stephens, Agee, Mainord
NAY: None
AGENDA ITEM NO. 10: Acknowledge Sales Tax Report received August 2013.

Cynthia Sementelli, Finance Director, reported that August Sales Tax receipts were up $126,711.00 this month or 9.46% compared to last year actual for the same time frame. August Sales tax amount received plus interest was $1,466,250.00 which accumulatively for the fiscal year we are up $89,402.00 or 3.24%.

AGENDA ITEM NO. 11: 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. 12: Administrative Reports

City Clerk Phyllis Loftis introduced the new Assistant Airport Manager Keenan English.

AGENDA ITEM NO. 13: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (7:05 p.m.)


WES MAINORD, MAYOR


ATTEST:

_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK


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